IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
Pankaj Bhatia, J.
Rashmi Srivastava - Petitioner
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition No. 16056 of 2021
Decided On : 18-07-2022
Constitution of India, 1950 – Article, 19(1)(a) – Intermediate Education Act, 1921-Chapter III, Regulation 7 – Present petition has been filed challenging the order as well as order passed by respondent as contained in Annexure – Petitioner whose name as recorded in educational records is and wanted to change name to and, as such, took steps for getting same intent published in newspapers – Publication was carried out in newspaper and 'Hindustan Times' as well as in Gazette of India – In pursuance to said publications, petitioner desirous of changing name in school records, moved an application – court said exercise shall be completed by respondent within six weeks from date of filing of application – Petitioner shall thereupon be entitled to file application before respondent along with original records who shall also make necessary corrections in educational certificates/records issued to petitioner in light of said fresh certificate issued to respondent – It is further directed that respondent shall carry out necessary corrections in intermediate examination records of petitioner also which shall be in consonance with name change, as recorded in High School Certificate in terms of directions given above – Petition disposed.
JUDGMENT :
Pankaj Bhatia, J.
Heard Sri Yogeshwar Sharan Srivastava, the counsel for the petitioner, Sri Saharsh Srivastava, the counsel for the respondents 1 and 2, Sri Akhilesh Kumar Srivastava the counsel fro the respondent No. 3 and Sri Gyanendra Kumar Srivastava, the counsel for the respondent No. 4.
2. The present petition has been filed challenging the order dated 11.4.2019 (Annexure 1) as well as the order dated 22.3.2022 passed by the respondent No. 2, as contained in Annexure 15.
3. The facts in brief giving rise to the petition are as under :
The petitioner whose name as recorded in the educational records is Rajni Shrivastava and she wanted to change her name to Rashmi Srivastava and, as such, took steps for getting the same intent published in the newspapers. The publication was carried out in the newspaper 'Dainik Jagran' and 'Hindustan Times' as well as in the Gazette of India. In pursuance to the said publications, the petitioner desirous of changing the name in the school records, moved an application. In the High School Examination, the name of the petitioner was recorded as Rajni Shrivastava, she took the examination in the year 2009 and thereafter completed her intermediate examination in the year 2011. Thereafter the petitioner pursued her graduations studies and she qualified in the year 2015 with the same name i.e. Rajni Srivastava. The petitioner also claims to have got herself registered with the Council for the Nursing and Midwives, U.P. and was also issued a certificate and identity card with the name Rajni Srivastava.
4. After getting the publication done, with an intent to change her name from Rajni Shrivastava to Rashmi Srivastava, the petitioner moved an appropriate application to Aadhar authorities and in terms of the said application, the name was changed from Rajni Shrivastava to Rashmi Srivastava in Aadhar Card and subsequently on her moving an application, the name was changed in the Permanent Account Number (PAN) issued by the Ministry of Finance. As there arose a discrepancy in the Aadhar Card, PAN Card and the Bank Account on one hand as contrasted with the High School Certificate, the Intermediate Certificate and the Graduation Certificate where the name of the petitioner was recorded as Rajni Shrivastava, the petitioner preferred a writ petition before this Court being a Writ Petition No. 2219 of 2019 (MS). The said writ petition was disposed off on 25.1.2019 permitting the petitioner to move an appropriate application with directions to the respondents to pass a reasoned order in the said application. The application of the petitioner was rejected vide order dated 11.4.2019 (Annexure 1) mainly on the ground that in terms of the mandate of the provisions as contained in the Regulations under Chapter III Regulation 7 of the Regulations framed under the Intermediate Education Act 1921 that the said request was beyond the prescribed limitation under the said Regulations. The similar representation of the petitioner before the University authorities and the other authorities were rejected on the ground that unless the correction as desired by the petitioner is made in the High School records, no consequent action can be taken.
5. When again the petitioner approached this Court by filing the present petition, this Court by means of an interim order dated 30.7.2021 directed the authorities to reconsider the grievance of the petitioner in the light of the judgment of this Court in the case of Anand Singh v. U.P. Board of Secondary Education and others, 2014(3) ADJ 443 (DB) and in the case of Kabir Jaiswal v. Union of India and others; 2021(1) ADJ 6. On the basis of the said order, the petitioner once again approached the respondent authorities and by means of the subsequent order, the request has been rejected once again on 22.3.2022. An amendment application was filed seeking to challenge the subsequent order dated 22.3.2022.
6. The counsel for the petitioner argues that right to change the name has b
Anand Singh v. U.P. Board of Secondary Education and others
The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.
The main legal point established in the judgment is the right of an individual to change their name for a just cause, the need for court approval, and publication in the Government Gazette for any na....
The change of name backed by public documents cannot be ignored by the board, and specific conditions may be imposed for recording such changes in certificates issued by the board.
The right to change one's name is recognized as a fundamental right, but requires a civil court declaration and adherence to statutory regulations.
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