The right to change one's name is recognized as a fundamental right, but requires a civil court declaration and adherence to statutory regulations.

JUDGMENT :

1. State of U.P., U.P. Board of High School and Intermediate Education (for short the ‘Board’) and its Regional Secretary are in intra court appeal under Chapter VIII Rule 5 of the High Court Rules, 1952 assailing the validity of the judgment and order dated 25.05.2023 whereby the learned Single Judge, while allowing Writ-C No. 3671 of 2022 (Md Sameer Rao Vs. State of U.P. and others), has set aside the order dated 24.12.2020 passed by the Regional Secretary of the Board and has also issued a writ of mandamus commanding the respondents of the writ petition to allow the application of the writ petitioner to change his name from “Shahnawaz” to “Md Sameer Rao” and, accordingly, issue fresh High School and Intermediate Certificates incorporating the said change. Learned Single Judge has also issued various other directions like surrender of public documents of identity like Adhar card, Ration card, Driving Licence, Passport, Voter I.D. card etc to the competent authorities with a direction to them to register the change of name, dispose off or destroy the earlier identity documents as per law and issue fresh documents consistent with his changed name. Learned Single Judge has also issued a direction to the Secretary, Ministry of Home, Government of India and the Chief Secretary, Government of U.P., Lucknow to create appropriate legal and administrative framework to ensure that both Governments work in concert to achieve the end of making identity related identity documents removing anomalies therein.

BRIEF FACTS OF THE CASE

2. Admittedly, the writ petitioner Md Sameer Rao was earlier known as Shahnawaz. He appeared in and cleared the High School and Intermediate Examinations conducted by the Board, respectively in the year 2013 and 2015 by the same name. He had all identity cards issued in his name as Shahnawaz. Copies of Adhar card and PAN card were brought on record of the proceedings. In the year 2020, based upon some newly issued Adhar card and PAN card in the name of Md. Sameer Rao and also a gazette notification published in Gazette of India bearing Gazette No. 39 New Delhi, Saturday, September 26 - October 2, 2020 (Asvina 4, 1942) Part-IV, Page 1091, he approached the Board to incorporate his new name in the High School and Intermediate Certificates and issue new certificates having his name printed as “Md. Sameer Rao”. The said application was rejected by the Regional Secretary of the Board by order dated 24.12.2020 on the ground that as the case fell with the category of “time barred matter” and, as per Regulation 7 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 (for short the Act, 1921), request for change cannot be considered after a period of three years. It is this order which was challenged by the writ petitioner and has been set aside by the learned Single Judge and is impugned in the instant appeal.

3. THE ORDER DATED 24.12.2020 IMPUGNED BEFORE THE LEARNED SINGLE JUDGE

GIST OF JUDGMENT OF LEARNED SINGLE JUDGE

4. The learned Single Judge has, with reference to some traditional and literary books and dealing with Articles 19 and 21 of the Constitution of India, held that intimacy of human life and person’s name is undeniable, the right to keep a name of choice or change the name according to personal preferences comes within the mighty sweep of the right to life guaranteed under Article 21 and restrictions contained in Regulation 40 of Chapter XII of the Regulations framed under the Act, 1921 are disproportionate and fail the test of reasonable restrictions on fundamental rights under Article 19 (1)(a) and Articles 14 and 21 of the Constitution and the same are arbitrary and infringe the fundamental rights to choose and change own’s name. The learned Single Judge, by invoking the doctrine of “reading down” read down Regulation 40(्ቇ) observing that the petitioner’s new name gives him a higher sense of self-worth.

ARGUMENTS OF APPELLANTS

5. Shri Rama Nand Pandey, learned Additi