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IN THE HIGH COURT OF ALLAHABAD
ARINDAM SINHA, AVNISH SAXENA
Muhammad Sahil – Appellant
Versus
State of U.P. – Respondent
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 pet
The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.
The right to change one's name is recognized as a fundamental right, but requires a civil court declaration and adherence to statutory regulations.
The right to change one's name or date of birth in certificates is fundamental to identity, and restrictions imposed by CBSE's Byelaws are unconstitutional if they prevent legitimate corrections post....
The right to change one's name is subject to reasonable regulations, requiring prior court declaration for validity, which was not fulfilled in this case.
The central legal point established in the judgment is that educational boards should consider applications for change or correction of particulars in certificates based on public documents and, in c....
The main legal point established in the judgment is that the Examination Bye-Laws of CBSE are not of statutory nature, and a strict and restrictive approach in matters involving correction or change ....
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