The court upheld the authority of birth certificates over subsequent school records for name changes, asserting the necessity for consistency in official identification.

JUDGMENT :

Ravindra V. Ghuge, J.

1. This matter is listed in the “prioritised cases” category keeping in view that it is pending final hearing for 14 years.

2. On 25.11.2025, this matter was briefly heard and considering the conspectus of the matter, we listed the same today for disposal.

3. The learned Advocate for the Board seeks an adjournment. We are rejecting the request since this matter is pending for 14 years and a very short issue is involved. Moreover, the Board is not a contesting Respondent, keeping in view the peculiar facts of the case.

4. The Petitioner was 18 years old when he approached this Court in 2011. His mother Sheila P. George professes the christian religion. She is from Kerala. The Petitioner’s father Vinod Seth is a Hindu. A marriage was solmanised solemnised between Vinod and Sheila on 27^th January, 1992 in a church when the Petitioner’s father embraced Christianity and changed his name from Vinod Seth to Thomas Seth. The marriage was solemnised on 27^th January, 1992. The couple got divorced through a decree of divorce dated 26.10.2007, in Petition No. A-1269 of 2005, before the Family Court, Mumbai. The Petitioner and his younger brother remained in the custody of the mother at the time of divorce.

5. The birth certificate of the Petitioner dated 6.7.1993, indicates the date of birth at Bombay as 22.5.1993. The registration date is 26.6.1993. The Registration No. is 4028. The name of the Petitioner at the time of registration was mentioned as ‘Millind’. The name of the father is mentioned as ‘Vinod Seth’. The name of the mother is mentioned as ‘Shaila’(wrongly mentioned as her name admittedly was Sheila).

6. On 25.6.2009, the Head Mistress of St. Joseph Secondary School , Orlem, Malad (West), Mumbai issued a School Leaving Certificate No. 7461. The name of the Petitioner is mentioned as ‘Gregory Thomas’. The religion professed by him is mentioned as ‘Hindu’. The same name is mentioned in the SSC and HSC Certificates. The Petitioner entered an affidavit by approaching the Competent Authority for seeking change in the name from Gregory Thomas to Millind Vinod Seth. The same was published in Maharashtra Gazette which carries a disclaimer clause as “Government accepts no responsibility as to the authenticity of the contents of the notice”.

7. The Petitioner therefore, approached the Principal of the Bhavan’s College for seeking change in name through an Advocate’s notice dated 9.9.2011. The Petitioner himself also addressed a letter dated 31.10.2011 to the Deputy Director of Education, Greater Mumbai Region, praying for a direction to the Bhavan’s College to change his name.

8. Since the Petitioner’s efforts fetched him no relief, he approached this Court. The matter was admitted by this Court on 28.11.2011 and Interim Relief was refused. However, the Petitioner was permitted to fill in the HSC Examination form in his present name i.e. Gregory Thomas.

9. We are conscious of the Full Bench Judgment of this Court in Janabai d/o. Himmatrao Thakur v/s. State of Maharashtra & Ors. (2019 (6) Mh. L.J. 769), wherein this Court has concluded in paragraph No. 39 (a) to (d) as under :

“a) An application for alteration in the entries in the General Register is permissible, with the previous permission of the appropriate authority at any time when the pupil is attending the school.

(b) No application for alteration in the figure of date of birth is permissible, after the student has left secondary school, except correction in the nature of 'obvious mistakes' as indicated in Clause 26.3 i.e. of a nature where the date of a particular month which does not exist in the calendar and likewise.

(c) Thus, in light of the above, an application f