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2025 Supreme(Online)(J&K) 820
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjay Dhar, J
Mohd. Hassan – Appellant
Versus
UT of J&K & ors – Respondent
WP(C) No. 21/2025
For the Appellants/Petitioners: Mr. Abid Khan
For the Respondents: Mr. B.S. Bali
The right to change one’s name is a fundamental right and educational boards must recognize such requests supported by appropriate documentation.
Headnote:(A) Constitution of India - Articles 19(1)(a) and 21 - Right to change name - Change must be recorded in public documents to reflect true identity - The Supreme Court in "Jigya Yadav’s case" held individuals have control over their names and the law must respect this right. (Paras 10, 14, 22)
(B) Regulatory provisions - Regulations of the Board do allow change in particulars if warranted, even if technically beyond deadline - The period of limitation for changes applicable only to corrections of errors, not substantial changes like name change. (Paras 19, 20, 24)
Facts of the case:
Petitioner sought to change his name from Raj Wali to Mohd. Hassan citing personal reasons and submitted necessary documents including a gazette notification. The Board refused stating it was beyond parameters set by their regulations.
Findings of Court:
The rejection of the petitioner’s name change request was found unsustainable and the Board must consider future requests following legal guidelines.
Issues: The core issue involves understanding of individual rights to change personal identity and the obligations of the educational certificate issuing body in accommodating such requests.
Ratio Decidendi: The court ruled that the right to change one’s name is fundamental and should not be unduly restricted, requiring the Board to recognize statutory documents in processing name change requests.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. petitioner challenged the rejection of name change request. (Para 1 , 2 , 3 , 4) |
| 2. legal grounds for challenging board's decision based on rights. (Para 5 , 6) |
| 3. recognition of name change as part of identity. (Para 10 , 11 , 14) |
| 4. regulations must not infringe on the right to change one's name. (Para 19 , 22) |
| 5. board's rejection quashed; request must be reconsidered. (Para 26 , 27 , 28) |
JUDGMENT
1. The petitioner, through the medium of the present petition, has challenged Order No. F(Certs-B) JD/2024 dated 24.12.2024 issued by respondent No. 3 whereby case of the petitioner for change of his name in the educational qualification certificates including High School and intermediate certificates has been rejected. The petitioner has further sought a direction upon the respondents to change his name from Raj Wali to Mohd Hassan in his educational qualification certificates including High School and intermediate certificates.
2. According to the petitioner, his original name was Raj Wali and the said name has been recorded in his educational qualification certificates including High School and intermediate certificates but he was seriously aggrieved of the said name as his friends used to make fun of his name. It has been submitted that the petitioner during his childhood could not effect change in his name as his parents were not willing to do so. Thus, the petitioner continued to study with the said name and accordingly, his name in the educational qualification certificates including High School and intermediate certificates is being reflected as Raj Wali s/o Mohd. Yaqub.
3. It has been pleaded that after the completion of graduation, the petitioner started the process of changing his name from Raj Wali to Mohd. Hassan. He applied to the Department of Publication, Ministry of Housing and Urban Affairs, Govt. of India for change of his name and submitted all the relevant documents and completed the requisite legal formalities, whereafter Notification dated 15.04.2023 came to be published in the Gazette of India in which it was declared that the petitioner has changed his name from Raj Wali to Mohd Hassan. After the publication of the changed name, his name was changed in other documents including Aadhar Card, Pan Card, Voter ID Card, Driving Licence, Passport and Domicile Certificate.
4. After undertaking the aforesaid exercise, the petitioner applied before the respondent-Board for effecting change in his name along with all the relevant documents. However, vide impugned order dated 24.12.2024, the respondent-Board has rejected case of the petitioner. Hence the present writ petition.
5. The petitioner has challenged the impugned action of the respondents on the grounds that the same is violative of his fundamental rights guaranteed under Article 19(1) (a) and 21 of the Constitution of India . It has been further contended that the action of the respondents is not sustainable in law in view of the legal precedents laid down by various High Courts of the country including the Supreme Court of India. It has also been contended that the impugned action of the respondents is arbitrary and irrational.
6. The respondent-Board has contested the writ petition by filing its reply. In its reply, it has been submitted that the petitioner has passed matriculation examination from the Board in the year 2016 and he was provided the qualification certificate dated 11.05.2016 in which the name of the petitioner was shown as Raj Wali. The same particulars were shown in his 12th class qualification certificate but the petitioner did not approach the respondent-Board for change of his name. Only in the month of November, 2023, after more than three years from the date he had gained knowledge about the particulars reflected in the certificates issued by the respondent-Board, the petitioner approached the respondent-Board for effecting change in his name.
7. It has been submitted that the impugned order dated 24.12.2024 does not suffer fr
