Universities To Process Applications For Name & Gender Change In Degree Certificates Of Trans Persons Under NALSA Guidelines, Not Drive Them To Court: Karnataka HC

The Karnataka High Court has observed that Universities/Educational Institutions should process applications for change of name and gender made by transgender persons in degree certificates upon receipt of requests instead of driving all applicants to court for directions.

A single judge bench of Justice Ravi V Hosmani issued the direction after it was informed there are innumerable such instances awaiting consideration before the Universities/Educational Institutions in the state. It held:

“It is observed that it would be appropriate for said authorities to process applications for change of name and gender upon receipt of requests keeping in mind ratio laid down by Hon'ble Supreme Court in NALSA's case and this court in Christina Lobo's case, instead of driving all applicants to Court for securing directions.”

Petitioner had approached the court seeking a direction on Manipal University to issue a fresh M.S. (Communication) Degree Certificate reflecting the change in his name as 'Vihaan' and gender as 'Male.

Further, he sought a direction on all universities in Karnataka to update the degree certificates of transgender persons to reflect the change in their name and gender identity and to provide revised degree certificates to transgender persons based on applications made by them without having to approach the courts.

It was argued that the petitioner had pursued a P.G. degree Course in MS Communication with the name 'X' and was awarded a degree on 05.11.2008. The petitioner was also issued with marks cards.

It was argued that though the petitioner was female at birth, he underwent gender reassignment surgeries in '2015' and thereafter, changed gender to male and was named Vihaan, through publication in Official Kerala Gazette Notification dated 02.05.2017.

Subsequently, it was submitted that the petitioner applied to the concerned authorities for a change of name and gender in his PAN Card, Aadhaar Card, Voter ID, Passport etc., which were granted.

He had also obtained a change of name and gender in his Bachelor's Degree Certificate from Mahatma Gandhi University and the petitioner submitted a representation to Manipal University for change of name and gender in his Post Graduate Degree Certificate. The representation remained without consideration.

Reliance was placed on the Apex court judgment in the case of National Legal Services Authority vs. Union of India and Others, (2014) and a coordinate bench judgment in the case of Christina Lobo v. State of Karnataka, (2020).

The respondents submitted that for the purpose of seeking change, the petitioner was required to return the original Degree Certificate and Marks Cards and upon receipt of the same, respondents would consider the petitioner's request in light of the decision of the Supreme Court in NALSA's case.

The bench noted there was no dispute about the petitioner having undergone gender change surgery and issuance of notification about change of gender and name.

It was found that the petitioner has already obtained a change of name and gender in his bachelor's Degree Certificate and other public records, but would be required to surrender the original Degree Certificate and Marks Cards to Manipal University.

Referring to the NALSA judgment the court allowed the plea by observing “In view of above, writ petition is disposed of. Petitioner is permitted to file representation appending Original Marks Cards and Degree Certificate to Registrar of respondent no.1 - University, within a period four weeks from today. Upon receipt of the same, respondent no.1 - University shall consider it for taking action as per the ratio laid down by Hon'ble Supreme Court in NLSA's case and Christina Lobo's case, within four weeks thereafter.”

Appearance: Senior Advocate Jayna Kothari for Advocate Naveen Chandra V for petitioner.

Advocate Vinay N, for Advocate Manmohan P.N, for respondents no.1 and 2.

AGA Mamatha Shetty, for R3.

Citation No: 2024 LiveLaw (Kar) 33

Case Title: Vihaan AND Manipal University.

Case No: Writ Petition No 12606 OF 2023

Click Here To Read/Download Order