The Delhi High Court on Wednesday directed CBSE and Delhi University to work out a way to help a transgender who is seeking change of name and gender, from male to female, in education records.
Coming to her aid, a bench of Chief Justice Rajendra Menon and Justice V K Rao expressed displeasure with the CBSE and DU for declining to change her name and gender, saying that when the Supreme Court has recognised their right to declare their gender identity, statutory bodies like the education board and the varsity "have to rise to the occasion to help her".
CBSE and DU contended that once a student has left the institution, his or her past records cannot be changed thereafter.
The Board has taken the stand that request for such changes in its records would be entertained only if it is made before publication of the 10th or 12th results, while DU norms say that for change of name and gender, the same have to be first altered in the CBSE records.
Disapproving of the stand taken by the two statutory bodies, the bench said: "You cannot say it is history for you. You keep your history, but give her a certificate declaring her changed name and gender. Give a declaration without changing your records. You should understand the practical problems they (transgenders) suffer.
"If they apply for a passport now, it will be put in objection due to contradiction in their names and gender now and what is shown in their education records. You need to be considerate. You cannot put everyone in one basket and say that you won't do it."
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