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IN THE HIGH COURT OF ALLAHABAD
Arun Bhansali, CJ., Kshitij Shailendra,J
State of U.P. – Appellant
Versus
Md. Sameer Rao – Respondent
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
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 is subject to reasonable regulations, requiring prior court declaration for validity, which was not fulfilled in this case.
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 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....
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