Kerala High Court directs CBSE to decide transgender student's application for name and gender change

The Kerala High Court on Friday directed the Central Board of Central Education (CBSE) to decide within a month, a transgender student's application for name and gender change in his CBSE certificates of 10 and 12th standards..Justice Shajy P 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 finalize 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 directed..The Court was considering a plea 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 had been assigned female sex at birth but had recently changed his gender 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 the CBSE to alter his documents, but the CBSE told him that his birth certificate must be changed first to amend his school certificates.However, even when the birth certificate was amended, the CBSE didn't change the details in his 10th and 12th standard certificates, the petitioner said.This prompted the petitioner to approach the Court seeking directions to the CBSE to change his name, gender, and photograph in the relevant certificates.On Friday, the Standing Counsel for CBSE submitted that the application of the petitioner is under process, hence more time will be required and more documents should be submitted.Therefore, the Court disposed of the case granting one month time to finalize the petitioner's application. Advocates Smruthi Sasidharan, VP Brijesh, Aswathy Amby and Sreeja Sasidharan appeared for the petitioner.[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.