A person who has legally changed their name via a Gazette notification and updated other public identity documents is entitled to have their name and parental particulars corrected in educational certificates and birth certificates.

ORDER :

This writ petition is filed seeking

“…to issue a Writ Order or Direction in the nature of Mandamus declaring the arbitrary unreasonable and illegal action of Respondents more particularly Respondent Nos.2 and 3 respectively in rejecting the petitioner request for correction of his name vide Rc. No.297/D-21-4/2023 dated 23-06-2023 and X.N.Dis.No.862/09/ H.T.No.1717142801/2023 dated 03-07-2023 in the SSC, Intermediate and Birth Certificates as per a valid Gazette notification bearing Registered No.DL-(N)04/0007/2003-22 dated 09-07-2022 to 15-07- 2022, multiple public documents (Aadhaar, Passport, Voter ID, PAN, University certificates) as violate the Petitioner’s fundamental rights under Articles 14. 19(1) (a) and 21 of the Constitution of India besides in violation of the binding law laid down by the Hon’ble Supreme Court in Jigya Yadav v. CBSE , (2021) 7 SCC 535, and consequently set aside the said impugned communications Rc.No.297/D-21-4/2023 dated 23-06-2023 and X.N. Dis.No. 862/09/ H.T.No.1717142801/2023 dated 03-07-2023 and thereby direct Respondent Nos.2 to 5 to correct the Petitioner’s name from “Boddu Sai Vijay” to “Vijaya Raghava Prabhakar”, the father’s name from “Boddu Prabhakar” to “Prabhakar” and the mother’s name from “Boddu Renuka” to “Renuka” in all SSC, Intermediate and Birth Certificates, mark sheets, records registers and other connected documents and to issue fresh corrected certificates and to pass…”

2. Heard M/s.B.Sirisha, learned counsel for the petitioner and Smt.A.Santosh Kumari, learned Assistant Government Pleader for Education. Perused the record.

3. Learned counsel for the petitioner submits that at the time of admission and examination, the petitioner’s name and his parents’ names were recorded as “Boddu Sai Vijay”, “Boddu Prabhakar” and “Boddu Renuka” in the SSC, Intermediate, and Birth Certificates. Subsequently, the petitioner and his parents decided to remove the surname “Boddu” and to correct their names to “Vijaya Raghava Prabhakar”, “Prabhakar” and “Renuka” respectively.

4. It is further submitted that the petitioner duly complied with all legal requirements for change of name and obtained publication in the Gazette of India dated 9th July, 2022 (Part IV, page 1719) whereby the petitioner’s name was official changed from “Boddu Sai Vijay” to “Vijaya Raghava Prabhakar”. Subsequently, having successfully changed his name in all major public documents i.e. Aadhaar, passport, voter ID and University certificates, he approached respondent Nos.2 to 5 seeking correction of name in his SSC, Intermediate and Birth certificates to bring them in consonance with the Gazette notification vide Registered No.DL-( N)04/007/2003-22 dated 09.07.2022 to 15.07.2022 and other public documents. However, the respondents refused to make the correction of his name in the said certificates. Hence prays to direct the respondents for change of his name.

5. On the other hand, learned Assistant Government Pleader for Education appearing for respondent No.2, referring to G.O.Ms.No.1263, dated 06.05.1961, submits that as per the Rules, for correction of entries relating to the name, surname, father’s name, caste or religion, in the completed Secondary School Leaving Certificates or Higher Secondary Certificates, or High Secondary (Multipurpose) Certificates, the person affected may, however, arrange to notify at his or her own costs, any such change of name, father’s name in the Andhra Pradesh Gazette and shall keep a copy of the Gazette notification in the concerned certificate.

6. In view of the submission made by the learned Assistant Government Pleader, it is relevant to refer to Section-C of G.O.Ms.No.1263, dated 06.05.1961 of the erstwhile Andhra Pradesh Government, which was adopted by the State of Telangana in terms of the Andhra Pradesh Reorganization Act, 2014 . The said Rules are relevant and the same are extracted below:

SECTION-C RULES FOR THE CORRECTION OF THE ENTRIES RELATIN