The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.

JUDGMENT :

Arindam Sinha, J.

1. Mr. Shri Ram Pandey, learned advocate appears on behalf of petitioner and submits, his client obtained educational certificates in his earlier name, 'Kamil Khan'. He has since, by following prescribed schedule, changed his name to 'Muhammad Sahil'. There has been gazette notification and presently his client is known by latter name.

2. His client applied for change of name in his educational certificates. By impugned letter dated 16th December, 2024, passed by the District Inspector of Schools (DI), his application was rejected. He relies on view taken by a learned single Judge of this Court on order dated 2nd December, 2020 in Writ-C no.19287 of 2020 ( Kabir Jaiswal Vs. Union of India and four others ).He submits, right to change one's name is a fundamental right of expression. Refusal by the DI to make the change is in violation of his client's fundamental right. The refusal cannot be said as based on any law envisaged under article 19(1)(2) in the Constitution of India. He seeks interference.

3. Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel appears on behalf of State and submits, the procedure does not allow for change of name in petitioner’s educational certificates. Long after obtaining the educational certificates he has had his name changed. He cannot seek retrospective change in his educational certificates. The procedure allows only for correction. Post issuance of the certificates, at this time, there is no procedure for change of name in petitioner's certificates.

4. Petitioner has challenged letter dated 16th December, 2024 made by the DI along with letter dated 3^rd December, 2024 issued by respondent no.2 (the Additional Secretary). There is no challenge to amended regulation 7 nor regulation 40 in Regulations under U.P. Intermediate Education Act, 1921.

5. The first Division Bench of this Court in dealing with an intra-Court appeal took view on issue of change of name in the educational certificate, issued under aforesaid regulations. The appeal was against judgment of a learned single Judge, reading down one and striking out another provision in the Regulations. The view was taken on judgment dated 13^th February, 2025 in Special Appeal no.459 of 2023 ( State of U.P. And 2 others Vs. Md. Sameer Rao and 3 others ). Facts in that case were, petitioner was known by an earlier name when he took intermediate examinations conducted by the Board, respectively in years 2013 and 2015. In year 2020, based on subsequently issued Aadhar, PAN cards and also gazette notification, he approached the Board to incorporate his new name in the High School and Intermediate certificates. The Division Bench referred to, inter alia, judgment of the Supreme Court in Jigya Yadav v. CBSE reported in (2021) 7 SCC 535 .

6. For purpose of adjudication of this writ petition, paragraph 16 from Md. Sameer Rao (supra) is reproduced below.

“16. One may visualize a situation where a person is having certain documents of identity, like Adhar card, Voter I.D. card, PAN card etc. mentioning a particular name on which basis he appeared in High School and Intermediate Examinations and got certificates. After a certain number of years, the said person wants to acquire a new name and again obtains new Adhar card, Voter I.D. card, PAN card, etc. On that basis, even if, for one reason or the other, the Board issues fresh educational testimonials incorpor