Kerala High Court | Photo: Mathrubhumi archives
Kochi: A bench of Justice Shaji P. Chaly of the Kerala High Court on Friday directed the Central Board of Secondary Education (CBSE) to decide within a month a transgender student's application for name and gender change in his certificates of 10th and 12th standards.
Justice Chaly further directed that in case any clarification or further documents are required from the petitioner, CBSE should request it within two weeks.
"Having heard learned counsel for the petitioner and Standing Counsel for CBSE, this matter is disposed of directing the CBSE, Regional Office, Thiruvananthapuram to finalise the application submitted by the petitioner within one month from the date of receipt of a copy of this judgment. I also make it clear that if any clarification is required from the petitioner, sufficient requests shall be made by CBSE from today. I direct the registry to mask the name of the petitioner in all further proceedings," the court ordered.
The Court was considering a petition moved by a transgender person seeking directions to the CBSE to change his name, gender, and photograph in his CBSE certificates of 10 and 12th standards.
The petitioner was born a female at birth but had recently changed his sex and name.
The petitioner, a young undergraduate degree holder, submitted that he is looking forward to pursue his post graduate degree.
He further submitted that in order to get admission to the PG course, he has to change his 10th and 12th certificates under CBSE to conform to his recently chosen name and affix a new photograph.
The petitioner contended that under the Transgender Persons (Protection of Rights) Rules, 2020, once a person changes gender, the change has to be reflected in all government documents.
He submitted that he had approached CBSE to alter his documents, but CBSE told him that his birth certificate must be changed first to amend his school certificates.
However, even when the birth certificate was amended, CBSE didn't change the details in his 10th and 12th standard certificates, the petitioner said.