Right To Be Identified By One's Name Fundamental To Individual's Identity: Delhi High Court

The Delhi High Court has recently observed that name of an individual is an identity marker and the right to be identified by one's name is fundamental to one's very identity.

“It partakes, therefore, of a primordial necessity, and the Court has, when petitioned in that regard, to ensure that the request, if genuine, is acceded to,” Justice C Hari Shankar said.

Referring to the Supreme Court ruling in Jigya Yadav v. CBSE, the court observed the fact that public documents may not tally with the school records of an individual would be of no significant consequence, however, in such a case, CBSE may be permitted to indemnify itself by seeking an affidavit from the candidate concerned, or inserting a disclaimer in the certificate to the effect that the change in name has been made at the behest of the candidate, in the light of public documents produced by him.

The court made the observations while dealing with a girl's plea seeking a direction on the CBSE that her father's name be changed from her Class X and XII marksheets.

Justice Shankar said that the court has to be practical, not pedantic, in its approach while examining the material relied upon by the girl to justify her prayer for change of her father's name in her certificates.

The Court said that it cannot be hyper technical in such matters and start rejecting the prayer for correction merely because of a slight difference in spellings.

Allowing the plea, the court directed the CBSE to forthwith issue fresh Class X and Class XII marksheets to the petitioner girl reflecting the changed name of her father.

Counsel for Petitioner: Mr. Anilendra Kant Srivastava, Adv

Counsel for Respondents: Mr. Ashok Kumar, Ms. Chhavi Arora, Advs. for R-1; Mr. Romy Chacko and Mr. Sachin Singh Dalal, Advs. for R-2

Title: PRAGATI SHRIVASTAVA v. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION AND ANR

Citation: 2024 LiveLaw (Del) 451

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