Right To Change Name Is A Facet Of Fundamental Right Under Article 19(1) (a) Of Constitution Of India: Allahabad High Court

The Allahabad High Court has recently observed that the right to change the name is a facet of a fundamental right as guaranteed under Article 19(1) (a) of the Constitution of India and that such a right cannot be denied. 

Essentially, the bench of Justice Pankaj Bhatia observed this while hearing the plea of a lady (named Rajni Shrivastava) who wanted to change her name to 'Rashmi Srivastava', however, her application regarding this was rejected by the UP Secondary Education board.

The board said that her application was rejected on the ground that in terms of the mandate of the provisions as contained in the Regulations under Chapter III Regulation 7 of the Regulations framed under the Intermediate Education Act 1921 that the said request was beyond the prescribed limitation under the said Regulations.

However, allowing her writ plea, the Court directed the concerned authorities to carry out the desired change of name in the mark sheet and Certificate.

The case in brief

The petitioner wanted to change her name and therefore, she took steps for getting the same intent published in the newspapers. Pursuant to this, in her Aadhar card and Permanent Account Number (PAN), the changes were made and her name was recorded as Rashmi Srivastava. 

However, there arose a discrepancy in the Aadhar Card, PAN Card, and the Bank Account on one hand as contrasted with the High School Certificate, the Intermediate Certificate, and the Graduation Certificate where the name of the petitioner was recorded as Rajni Shrivastava.

Her application regarding her intent to change her name was rejected by the Secondary Education Board and a similar representation was rejected by the University authorities as well on the ground that unless the correction as desired by the petitioner is made in the High School records, no consequent action can be taken.

Therefore, she moved to the High Court with her instant writ plea.

Court's observations 

The Court took into account the judgment in the cases of Kabir Jaiswal v. Union of India & Ors. and Jigya Yadav vs. C.B.S.E. LL 2021 SC 264 to note that the right to change the name is a facet of a fundamental right as guaranteed under Article 19(1) (a) of the Constitution of India and cannot be denied.

Further, the Court said that the foundation based upon which the application of the petitioner was rejected namely that the request was made beyond the limitation prescribed under Regulation 7, was wholly untenable as the same militated against the law laid down by the High Court in the case of Anand Singh vs. U.P. Board of Secondary Education and others (2014) 3 ADJ 443 (DB).

With this, the Court directed the petitioner to move an appropriate application afresh along with a copy of the Court's order and the documents including the Aadhar Card and the PAN Card before the concerned authority along with the original certificate and mark-sheet.

"On receiving such application, the respondent no.2 is directed to carry out the desired change of name in the marksheet and Certificate. However, it is clarified that in the fresh certificate and mark-sheet issued to the petitioner, it would contain the name 'Rashmi Srivastava alias/nee, Rajni Shrivastava'. The said exercise shall be completed by the respondent no.2 within six weeks from the date of filing of the application. The petitioner shall thereupon be entitled to file the application before the respondents no.3 and 4 along with original records who shall also make the necessary corrections in the educational certificates/records issued to the petitioner in the light of the said fresh certificate issued to the respondent no.2. It is further directed that the respondent no.2 shall carry out the necessary corrections in the intermediate examination records of the petitioner also which shall be in consonance with the name change, as recorded in the High School Certificate in terms of the directions given above," the Court further directed as it disposed of the plea.

Case title - Rashmi Srivastava v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Andors

Case Citation: 2022 LiveLaw (AB) 352

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