IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10462 of 2024 ================================================================

YUKTA GEETANJALI DEVMANI Versus STATE OF GUJARAT & ORS.

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Appearance:

ANAND R PATEL(7352) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 MS NIRALI SARDA, AGP for the Respondent(s) No.1 MR AD OZA(515) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 1,3,4,5,6 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 01/10/2024

ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs:-

"(A) To quash and set aside the impugned order dated 19.04.2024 (Annexure-1) passed by the Respondent No.3-

District Education Officer, Anand;

(B) To direct the Respondents to correct the name of the Petitioner in the SSC marksheet, HSC marksheet and school leaving certificate of the Petitioner from 'Amin Yukta Sunilkumar' to 'Devmani Yukta Geetanjali and thereby issue fresh SSC marksheet, HSC marksheet and school leaving certificate to the Petitioner and (C) To pass such other and further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. The Petitioner is a student of Bachelor of Commerce (Second Year) at C. C. Sheth College of Commerce, Ahmedabad. The petitioner is aged about 19 years and her date of birth is 15.08.2005.

2.1 The parents of the petitioner separated by way of notarized divorce by the Divorce Deed dated 05.08.2022. Since then, the petitioner has been living with her mother only. Meanwhile, the Petitioner completed her Secondary School standard 10^th examination from the Respondent No.6- Earth School, Gandhinagar. Accordingly, the Respondent No.2- Gujarat Secondary and Higher Secondary Education Board ("GSHSEB") issued the certificate dated 09.06.2020 to the Petitioner. Subsequently, the Petitioner completed her Higher Secondary standard 12^th examination from the Respondent No.4- Jay Jalaram School, Anand. Accordingly, the Respondent No.2- GSHSEB issued the certificate dated 04.06.2022 to the Petitioner. That thereafter, the petitioner has changed her name from 'Amin Yukta Sunilkumar' to 'Devmani Yukta Geetanjali’. She has adopted the name of her mother in place of father's name. The said change also came to be published in the Gujarat Government Gazette Part-II dated 18.05.2023. The petitioner has thereafter changed her name in the Aadhar Card, voter ID, driving license, Permanent Account Number Card and Passport. She has also been issued the Caste Certificate in the new name by the Competent Authority. The Petitioner and her mother jointly requested the Principal of Respondent No.6- Earth School seeking change of name of the Petitioner in the school records by filling up requisite form. Thereafter, the Principal of Respondent No.6-Earth School vide letter dated 01.04.2024 forwarded the said request to the Respondent No.5-DEO, Gandhinagar. However, till date, there has been no response from the Respondent No.5- DEO, Gandhinagar or the Respondent No.6-Earth School. That by the letter dated 06.04.2024, the mother of the petitioner made an application to the principal of the respondent No.4 - Jay Jalaram School stating that the Petitioner was studying in standard 12^th commerce, and requested the Respondent No.4-Principal, Jay Jalaram School to accordingly change the name of the Petitioner in the HSC marksheet of the Petitioner on the basis of the above-mentioned documents. By the communication dated 29.04.2024, the school has informed the mother of the petitioner that pursuant to her application dated 06.04.2024, the school addressed a communication dated 08.04.2024 to the District Education Officer, Anand for change of name of the petitioner, which came to be refused by the communication dated 19.