APHC010695042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35898/2025 Between:

Swetha Pakaalapati, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35898 of 2025

O R DE R:

1. The Writ Petition is filed to declare the action of the Respondents in not considering the representations of the Petitioner dated 06.02.2023 and 29.05.2023 seeking correction of the name and gender of the Petitioner in the School Records and Educational Certificates as illegal and arbitrary.

2. The facts leading to filing of the Writ Petition are as follows: The Petitioner was born on 21.05.1986 to Sri Pakalapati Sitaramaiah and Smt. Annapurna in Guntur and was named „Lakshman Kumar Pakalapati.‟ The petitioner pursued schooling at Government Boys School at Guntur and had obtained a Secondary School Certificate vide Roll No. 1358295 in the year 2001. Thereafter, the Petitioner pursued intermediate education at Excel Junior College, Guntur, and thereafter, obtained Bachelor of Technology Degree from Acharya Nagarjuna University in the year 2008.

3. It is stated that due to hormonal issues in the body, the petitioner underwent psychiatric evaluation, hormone therapy, and sex reassignment surgery at Fortis Hospital, Shalimar Bagh, New Delhi, in March 2022, and her gender was changed to „woman‟ from „Man.‟

4. Consequent thereto, the Petitioner had submitted Form-4 under the provisions of the Transgender Persons (Protection of Rights) Act 2019 (for short, „the Act, 2019‟) before the District Magistrate in the prescribed format for change of name and gender in all the legal records. Thereafter, the Petitioner had applied for a change of her name and gender and changed her name to “Lakshmi Swetha Pakalapati” and gender to “woman” from „Man‟ and the same was published in the Gazette of India in weekly Gazettee No. 20 (dated

14.05.2022 to 20.05.2022).

5. Thereafter, the Petitioner again changed her name from “Lakshmi Swetha Pakalapati” to “Swetha Pakalapati” and got the same published in the Gazette of India on 10.02.2024. The Aadhar Card, Pan Card, etc., were also issued in the name of “Swetha Pakalapati.” The application of the petitioner for change of name and gender in the educational records was rejected by the respondent authorities relying on G.O.Ms.No.1263, Education Department, dated 06.05.1961.

Questioning the same, the present writ petition is filed.

6. In the Counter Affidavit filed by the Respondent No. 5, the only objection that was raised was that the change of name is not feasible at this length of time as per G.O.Ms. No. 1263, Education Department, dated 06.05.1991.

7. Sri V. Chetan Susheel, learned counsel appearing for the Petitioner, while relying on Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act 2019 (for short, „the Act, 2019‟), submits that the Petitioner is entitled to seek a change of name and gender in the educational records, and considering the purport of the Act, the rejection of the same by relying on G.O.Ms.No.1263 Education Department, dated 06.05.1991, cannot be sustained. Learned counsel for the Petitioner further relies upon the judgment of Jigna Yadav rendered by the Hon‟ble Supreme Court.

8. Learned Assistant Government Pleader for School Education submits that there is a limitation of 3 years prescribed in G.O.Ms.No.1263 Education Department, dated 06.05.1991 as amended, to change the name and gender and as the Educational Certificates procured by the Petitioner from the year 2001 onwards, the same cannot be altered at this length of time.

9. Heard the counsel.

10. Section 7 of the Act, 2019, reads as under:

“7. Change in gender.—(1) After the