Umair Alam vs Union Of India & Anr on 6 April, 2022

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Delhi High Court - Orders

Umair Alam vs Union Of India & Anr on 6 April, 2022

1. Learned counsel appearing for the Union respondent has placed for consideration of the Court certain guidelines which have been framed by the Gazette Office for the purposes of publication of change of name and where people adopt a different religion. Those Guidelines read thus:-

"GUIDELINES FOR CHANGE OF NAME FOR ADULT (MAJOR) Notice for advertisement by individual in the Gazette of India Part-IV regarding Change of Name, addition or deletion of surname etc. The following documents are required for publication of advertisement in the Gazette of India Part IV.

(i) An Undertaking duly signed by the applicant

(ii) Original Newspaper

(iii) Prescribed proforma in duplicate duly typed with signature of applicant and two witnesses.

(iv) C.D. containing the print matter without witness portion in MS Word and type old name in place of signature.

Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.04.2022 12:40:20

(v) Two self attested passport size photographs and photocopy of ID proof (self attested).

(vi) A certificate duly signed by the applicant declaring therein that the contents of hard copy and soft copy are similar.

(vii) Request letter along with the requisite fee.

The person attaining the age of 18 yrs. and above who wishes to get his/her change of name published in the Gazette of India Part-IV has to comply with the following formalities prior to publication of such advertisement.

1. Change of name should be advertised in one of the daily local leading newspaper stating therein Father's Husband's name along with residential address and forward it in original to this Department.

2. An Undertaking duly signed by the applicant showing therein his/her old and new name along with full details of father's/husband's name with residential address declaring that the facts stated therein are true & correct to the best of his/her knowledge and belief. In case of individuals working with Central Government, they may submit Deed for change of name in accordance with the Ministry of Home Affairs O.M. No. 190016/1/87-Estt. dated 12/03/1987. Specimen deed is attached. In case of Indians living abroad, he/she will submit deed duly attested by the respective Indian Embassy / Indian High Commission, in original to this Department.

3. Printing matter as prescribed in the attached specimen duly complete in all respects by typing the same on a separate plain paper and signed by the individual in his/her old name, with two witnesses in duplicate should be submitted along with Soft Copy (CD MS Word). The Proforma must be computer typed.

4. The applicant is required to submit two self attested passport size photographs along with application with all the requisite documents containing two passport size photographs and copy of photo ID proof, both duly self attested.

5. The printing charges for publication of change of name is Rs. 1100/- only w.e.f. 01.04.2016 to 31.03.2017 .The amount will have to be submitted thorough NTRP (Non Tax Receipt Portal i.e www.bharatkosh.gov.in from 01/10/2018 onwards vide Department Order No.Cash/NTRP/2018-19 Dated 04/10/18 in pursuance of Principal Accounts Office, M/o Housing & Urban Affairs' O.M. No.G- 20018/Pr.Ao/UD/A/Cs/NTRP/2018-19/1489-1504 Dated 01-10-2018.

Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.04.2022 12:40:20

For Indian living abroad is Rs.3500/- only w.e.f. 01.4.2016 to 31.3.2017. The applicant is requested to download his/her gazette from the website www.egazette.nic.in in the following manner as the physical printing and sale of hard copies of the Gazette by the Government has been ceased completely from 01.10.2015 vide Gazette of India Issue no. 602, Extra Ordinary Part II Section 3 Sub Section (i) dated 30.9.2015, be switched to e- publishing w.e.f 01st October, 2015.

STEPS:- TO SEARCH GAZETTE STEP1:-SEARCH GAZETTE STEP2:- SEARCH CATEGORY-WEEKLY GAZETTE STEP3:-IN SELECT PART AND SECTION- PARTIV STEP4:- IN IST CLALENDER (DATES OF SATURDAY) TO HIND CALENDER (DATES OF SATURDAY) STEP5:- DOWNLOAD THE REQUISITE PDF FILE.

STEP6:-USE CONTOL KEY+F KEY TO FIND YOUR NAME (OLD/NEW) STEP7:-DOWN LOAD THE WHOLE GAZETTE TO MAKE YOUR OWN COPY THIS FURTHER NEEDS NO CERTIFICATION FROM THE DEPARTMENT N.B.: The Publication Department will not be responsible for any tampering in the downloaded copies of e-publishing Gazette from the website

6. All the aforesaid documents, printing charges together with forwarding letter and Photo ID Proof addressed to The Controller of Publications, Department of Publication, Civil Lines, Delhi-110054 should either be submitted personally or be sent by post to this Department. The documents must not be older than one year.

7. The documents once submitted in this Department will not be returned in any circumstances, neither original nor Xerox copy.

8. The public dealing hour for this purpose in this Department are 10.00 AM to 1.00 PM und 2.00 PM to 4.00 PM on all working days.

9[A] If the individual applies to adopt the name/ surname of any other religion without changing his/ her existing religion than he/she must Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.04.2022 12:40:20 submit An Undertaking duly signed by the applicant showing therein his/her full particulars with residential address stating therein that old and new name along with full details of father's/ husband's name with residential address declaring that "He/She confirms that he/she is not changing his/her religion" The cost of such type of advertisement will be Rs.1100/+Rs. 250/-=Rs.1350/- [Till Date.] [B] In case, the individual applies change of religion, he/she must declare the Same in the leading newspaper as well as in the UNDERTAKING.

10 Every application should be supported by self attested Photo ID proof of the applicant. Application either submitted personally or sent by Post/ Courier only will be entertained. No other channel is permissible viz Agents, Advocates, etc.

11. A certificate duly signed by applicant declaring therein that the contents of hard copy and soft copy are similar with the undertaking that the applicant will be responsible for any mismatch or loss in transit.

12 After the application is received completed in all respect, the request will be sent for notification to the respective Government of India Press.

13. This department will not be responsible for any delay in printing on the part of concerned Press.

14. The Controller of Publications, being the publisher of the Gazette of India, reserves the right to reject any request found incomplete /vague/unlawful/misleading printing material for publication of the matter.

Controller of Publications."

2. From the aforesaid Guidelines, learned counsel submits that the respondents require disclosures of various details which are wholly irrelevant and may also amount to an invasion of individual privacy rights. He further submits that while considering a request for publication in the official Gazette, the petitioner would also be compelled to place before the respondents the original adoption deed even though the fact of adoption stands duly evidenced and borne out from the decree passed by the Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.04.2022 12:40:20 competent Civil Court.

3. In that view of the matter, let respondents file a response on this petition within a period of four weeks. That affidavit(s) shall also carry the justification for a prescription of the requirements placed under the Guidelines including those which are noticed above.

4. List on 07.07.2022.

YASHWANT VARMA, J.

APRIL 6, 2022/bh Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.04.2022 12:40:20

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Delhi High Court - Orders