The CBSE Examination Byelaws restrict, both qualitatively and quantitatively. The Corrections/changes can be carried out in the certificates issued by the Board.
07 Jun 2021 04:43 pm
3rd June 2021 SC
Justices: AM Khanwilkar, BR Gavai and Krishna Murari
It has been observed by the Hon’ble Supreme Court that considered in the context of the Byelaws, the controversy is actually simple in nature. The Byelaws consistently provide that the period of limitation is to be calculated from the date of declaration of the result and issue of certificate. It means that the period of limitation begins to run against the student after declaration of begins to run against the student after declaration of result and publication of certificates as the student isput to notice of the contents of the document, upon its issue. The student can now be said to be in a position to verify the correctness of the certificate (s). The irresistible outcome of this legal position is that the Byelaws existing on the date of such declaration/publication of result and issue of certificate would be relevant for the purpose of effecting change in the certificates. The express language of the Byelaws would be defeated if we say that the law existing on the date of application for recording change would be relevant. That would negate the very importance of having a period of limitation for correction of the certificates”.
If the limitation of applicability of Byelaws was to be reckoned from the date of application for reckoned from the date of application for correction/ change and not the date of result of the examination conducted by CBSE, we would be leaving things to a state of uncertainty. For, a student who could possibly have surpassed the limitation period under unamended Byelaws would regain the right to change the certificates if the Byelaws existing on the date of application permit so and provide for a longer period. Similarly, a student who had ten years for carrying out changes under the unamended Byelaws would lose her right if Byelaws are amended within the ten year period so as to provide for a much shorter, say two years, limitation period. Certainty, consistency and predictability are the hallmarks of any legal relationship and it is in the interest of public policy that legal interpretation preserves and protects these hallmark.
The limitation as regards maximum period up to which changes can be permitted also requires a different approach. Upon receiving the certificates, the student would naturally be put to notice of the particulars of certificates. Due to young age and inadvertence including being casual and indolent, a student may fail to identify the errors or to understand the probable impact of those errors or to understand the probable impact of those errors and accordingly, may not apply for rectification immediately. It is also possible that a student may not have to use the certificates immediately after passing out and by the time she uses them, the limitation period for correction may elapse. Therefore, a realistic time for permitting corrections is very important. Indeed, it can be commensurate with the statutory or mandatory period up to which CBSE is obliged to preserve its old record.
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