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(a) Reverting to the first category, as noted earlier,
there is a legal presumption in relation to the public
documents as envisaged in the 1872 Act. Such public
documents, therefore, cannot be ignored by the
CBSE. Taking note of those documents, the CBSE
may entertain the request for recording change in
the certificate issued by it. This, however, need not
be unconditional, but subject to certain reasonable
conditions to be fulfilled by the applicant as may be
Neutral Citation Number: 2023/DHC/000787
prescribed by the CBSE, such as, of furnishing
sworn affidavit containing declaration and to
indemnify the CBSE and upon payment of prescribed
fees in lieu of administrative expenses. The CBSE
may also insist for issuing Public Notice and
publication in the Official Gazette before recording
the change in the fresh certificate to be issued by it
upon surrender/return of the original certificate (or
duplicate original certificate, as the case may be) by
the applicant. The fresh certificate may contain
disclaimer and caption/ annotation against the
original entry (except in respect of change of name
effected in exercise of right to be forgotten)
indicating the date on which change has been
recorded and the basis thereof. In other words, the
fresh certificate may retain original particulars
while recording the change along with caption/
annotation referred to above (except in respect of
change of name effected in exercise of right to be
forgotten).
(b) However, in the latter situation where the change
is to be effected on the basis of new acquired name
without any supporting school record or public
document, that request may be entertained upon
insisting for prior permission/ declaration by a
Court of law in that regard and publication in the
Official Gazette including surrender fretum of
original certificate (or duplicate original certificate,
as the case may be) issued by CBSE and upon
payment of prescribed fees. The fresh certificate as
in other situations referred to above, retain the
original entry (except in respect of change of name
effected in exercise of right to be forgotten) and to
insert caption/ annotation indicating the date on
which it has been recorded and other details
including disclaimer of CBSE. This is so because the
CBSE is not required to adjudicate nor has the
mechanism to verify the correctness of the claim of
Neutral Citation Number: 2023/DHC/000787
the applicant.‖