UP Intermediate Education Act| Allahabad HC Reads Down Provision Disallowing Change In Name In Documents After Religious Conversion, Caste Change & Marriage

The Allahabad High Court last week read down Regulation 40 (ग) of the Uttar Pradesh Intermediate Education Act, 1921 which prohibits acceptance of any application filed by a person seeking to change his name in his educational document adopting nicknames, names disclosing a person’s religion or caste or use of honorific word or a title

The provision also provided that name change applications pursuant to religious conversion or change of caste or change of name after marriage are not liable to be entertained.

The bench of Justice Ajay Bhanot found the restrictions contained in the provision to be disproportionate failing the test of reasonable restrictions on fundamental rights under Article 19(1)(a) and Article 21 and Article 14 of the Constitution of India.

"The restrictions in Regulation 40 (ग) are arbitrary and infringe the fundamental right to choose and change own’s name vested by virtue of Article 19(1)(a), Article 21 and Article 14 of the Constitution of India," the Court said.

For context, the said provision reads thus:

"(ग) परीक्षार्थियों द्वारा नाम के पहले या बाद में उपनाम जोड़ने धर्म अथवा जाति सूचक शब्दों के जोड़ने अथवा सम्मानजनक शब्द या उपाधि जोड़ने जैसे किसी भी प्रकार के आवेदन पत्रों को स्वीकार्य नहीं किया जायेगा। इसी प्रकार धर्म अथवा जाति परिवर्तन के आधार पर अथवा विवाहित छात्र / छात्राओं के नाम में भी विवाह के फलस्वरूप नाम परिवर्तित हो जाने पर परिषद द्वारा नाम में परिवर्तन नहीं किया जायेगा।" [Any type of applications filed by by the examinees such as adding surname before or after the name, adding words indicating religion or caste or adding respectable words or titles will not be accepted. Similarly, the names will not be changed by the council on the basis of change of religion or caste or if the name is changed as a result of marriage.]

The Court passed this order while allowing a writ petition filed by one Sameer Rao challenging the action of the UP Board of High School and Intermediate Education rejecting his application to get his name changed in the High School and Intermediate examination certificates.

The Court also directed the UP Education Board to allow the petitioner's application to change his name from “Shahnawaz” to “Md Sameer Rao” and to issue fresh High School and Intermediate certificates incorporating the said change.

Importantly, stressing that the intimacy of human life and a person’s name is undeniable, the High Court, in specific terms said that the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.

Read more about the case here: Fundamental Right To Keep Or Change A Name Vested In Every Citizen By Virtue Of Article 19(1)(a) & Article 21: Allahabad High Court

The case in brief

The name of the petitioner was recorded as “Shahnawaz” in the Board of High School Examination certificate, and the Intermediate Examination certificate by the Madhyamik Shiksha Parishad issued in 2013 and 2015 respectively. In September-October 2020, he publicly disclosed his name change from “Shahnawaz” to “Md Sameer Rao”.

Thereafter, he applied for a change of his name from “Shahnawaz” to “Md Sameer Rao” to the respondent Board in the year 2020. The said application was declined by the impugned order on the strength of Regulation 40 (क) and Regulation 40 (ग) of the Uttar Pradesh Intermediate Education Act, 1921.

While Regulation 40 (क) contemplates that an application for change of name can be filed only within three years from 31st of 16 March of the year when the candidate appeared in the examination, Regulation 40 (ग) prohibits change of name in such a way that the same discloses the religion of the applicant.

When the petitioner moved the High Court challenging the decision of the UP Education board in rejecting his name change application, the Court, inter alia, observed that at times, a change of name takes place pursuant to a change of caste or religion and hence, refusal to change names in educational records of a person on the ground that his name discloses his religion (as contemplated under Regulation 40 (ग)), infringes the fundamental right to profess and practice a religion of one’s choice guaranteed under Article 25 of the Constitution of India. 

The Court added that a bar on name change after marriage will also interfere with the fundamental right of a person to express one’s identity.

Further, the Court also noted that for the purpose of change of name, the students appearing in different Boards across the country comprise one class and since the CBSE bye-laws do not contain any restrictions as are imposed in the Regulations of the U.P. Intermediate Education Act, 1921, the Court said, the students who appear in the UP Board are treated deferentially and discriminated against the candidates who appear in the CBSE Board, as regards their right to change of name which constitutes a violation of the right to equality under Article 14 of the Constitution of India.