Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates

Justice V.G. Arun ordered thus:

“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth. The freedom to practice and profess any religion of one's choice is guaranteed by Article 25(1) of the Constitution. If a person embraces another religion by exercising that freedom, necessary corrections will have to be made in his records.”

The petitioners, aged 24 and 25 were born to Hindu parents and followed Hindu religion till May 2017. The petitioners got converted to Christianity by getting baptized. The petitioners wanted to change their religion to Christianity in their School Certificates on getting baptized.

The petitioners approached the Controller of Examinations to change their names and religion in their School Certificates. The Controller of Examination rejected their request to make corrections stating that there is no provision enabling corrections in school certificates. Aggrieved by the rejection, the petitioners have approached the High Court.

Referring to Naveed MC V@ Noufal v State of Kerala (2021), it was argued that the Court has the power to issue directions to make rectifications in the certificates even in the absence of specific provisions.

The Court stated that persons have the freedom to practice and profess any religion of their choice under Article 25 of the Constitution of India. It stated that on embracing new religion under the right to freedom of religion guaranteed by the Constitution, the petitioners have the right to make corrections regarding change of religion in their records also.

The Court referring to Naveed MC (supra) stated that refusal to make corrections in certificates could adversely impact the future of the petitioners It added, “Moreover, such rigid approach militates against the Constitutional guarantee also.”

The Court thus set aside the order of the Controller of Examination rejecting their request to make corrections regarding the change of religion in school certificates.

Accordingly, the Court allowed the writ petition and directed the Controller of Examination to correct the entry regarding religion in the school certificates of the petitioners.

Counsel for Petitioner: Advocate T K Ananda Krishnan

Counsel for Respondents: Senior Government Pleader Deepa Narayanan

Citation: 2024 LiveLaw (Ker) 471

Case Title: Lohith S v State of Kerala

Case Number: WP(C) NO. 22847 OF 2024

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