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Allahabad HC Stays Single Judge's Judgment Reading Down 'Regulation 40 (ग)' Of 'UP Intermediate Education Act' Regarding 'Name Change'
Sparsh Upadhyay
18 July 2023 7:28 PM IST
The Allahabad High Court has stayed the effect and operation of the May 2023 judgment and order of a Single Judge reading 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...
The Allahabad High Court has stayed the effect and operation of the May 2023 judgment and order of a Single Judge reading 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 provides that name change applications pursuant to religious conversion or change of caste or change of name after marriage are not liable to be entertained.
On May 25, 2023, 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) 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 Single Judge has 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 had 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.
Read more about the Court's observations here: UP Intermediate Education Act| Allahabad HC Reads Down Provision Disallowing Change In Name In Documents After Religious Conversion, Caste Change & Marriage
However, in an appeal moved against the said order by the State Of U.P. and 2 Others, the bench of Justice Sunita Agarwal and Justice Anish Kumar Gupta stayed the said order by noting that the reasoning given by the Single Judge in reading down the said provision is required to be examined.
Before the division bench, the appellant/state government has argued that the single judge's order of reading down Regulation 40 (ग) was arbitrary as the same can't be done in isolation. It was the further case of the state that the fundamental right under Article 19(1)(a) is subject to reasonable restrictions.
On the other hand, the respondent/writ petitioner (Md. Sameer) contended that with the change of name in the Adhar Card, Pan card and other relevant documents such as driving licence etc., there cannot be a plausible objection to the change of name in the High School and Intermediate certificates, that too when the change has been notified in the official gazette.
Further, when the respondent expressed his inability to argue the appeal on legal grounds, the Court directed that he be provided with a senior counsel along with an assisting counsel through the High Court Legal Services Committee.
Further, the Court directed that the order be intimated to O.S.D. (Officer on Special Duty), High Court Legal Services Committee, who shall take appropriate steps for the nomination of the counsels with whom the petitioner may have a consultation.
With this, the matter has been posted for hearing on July 25, 2023, in the additional cause list.
"By the next date fixed, a reply to the affidavit accompanying the interim application shall be filed by the respondent/writ petitioner. Till the next date of listing, the effect and operation of the judgment and order dated 25.05.2023 passed by the learned Single Judge shall be kept in abeyance," the Court further ordered as it parted with the order.
Chief Standing Counsel Kunal Ravi Singh assisted by Additional Chief Standing Counsels Rama Nand Pandey and Tanmay Agarwal appeared for the appellants.
Case title - State Of U.P. And 2 Others vs. Md. Sameer Rao And 3 Others [SPECIAL APPEAL No. - 459 of 2023]
Click Here To Read/Download Order
