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Showing contexts for: CBSE AFFILIATION in Imran Ali Khan vs Central Board Of Secondary Education & ... on 6 February, 2019Matching Fragments
5. We feel, the respondent No.1 Board has been too recalcitrant in a case of the kind in hand inspite of the clear and specific observations made by the Co-ordinate bench of this in Mazhar Saleem's case (supra), to the following effect :
"Extant rules applicable to the appellant however, do not extend such discretion. At least, none has come to be pointed out during the course of hearing. We therefore, do not find any merit in the appeal. This court is also of the opinion that the validity of the Bye-laws was upheld in the previous judgments. Undoubtedly the nature of the Bye-laws (which are not statutory) are restrictive. The CBSE is not obliged to, nor is shown to provide specific warning to students or their parents about the conclusive nature of the Bye-laws, whose time-lines are focused to cater to organizational convenience. India is a vast country; not all students who join affiliated schools are from affluent backgrounds or have fully aware and educated parents. Such students are admitted to CBSE affiliated schools, on asparitional basis, by such parents who might not accurately reflect the full or correct names. By the time the student realises this error (of omission) it is too late: furthermore, she cannot be said to realise the importance of the incorrect name because in most cases, she would be not even a major. The repercussions of this finality due to the nature of Bye-laws are serious, because every other document - identity, passport, etc. would reflect another name. In this age, when capturing name and identify consistently becomes the key for education, travel and employment, inconsistencies (such as the inevitable consequence of the way Bye-law 69.1 is cast) lead to denial of opportunity. These aspects need to be re-examined by the CBSE within six months, to suitably re-cast its Bye-laws to provide a better mechanism to reflect name changes like the present case."