Karnataka High Court
Raushan vs Union Of India on 28 January, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2025:KHC:3770
WP No. 20202 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 20202 OF 2022 (S-RES)
BETWEEN:
RAUSHAN
D/O RAJESH KUMAR
AGED 31 YEARS
57, BHAGYA LAKSHMI NILAYA
HMT LAYOUT
NAGASANDRA MAIN ROAD
NAGASANDRA
BANGALORE -560073.
...PETITIONER
(BY SMT. JAYNA KOTHARI, SR. COUNSEL FOR
SRI ROHAN KOTHARI, ADV.)
AND:
1. UNION OF INDIA
Digitally signed MINISTRY OF ELECTRONICS AND
by INFORMATION TECHNOLOGY ("MEATY")
MARIGANGAIAH
PREMAKUMARI STANDARDISATION TESTING AND
QUALITY CERTIFICATION DIRECTORATE
Location: HIGH
COURT OF ELECTRONICS NIKETAN, 6
KARNATAKA CGO COMPLEX, LODHI ROAD
NEW DELHI- 110003
REP. BY ITS DEPUTY DIRECTOR.
2. ELECTRONICS TEST AND DEVELOPMENT CENTRE
STQC DIRECTORATE
MINISTRY OF ELECTRONICS AND
INFORMATION TECHNOLOGY ("MEATY")
100 FEET RING ROAD
PEENYA INDUSTRIAL ESTATE
BENGALURU-560058
REP. BY ITS DIRECTOR.
-2-
NC: 2025:KHC:3770
WP No. 20202 of 2022
3. UNION OF INDIA
MINISTRY OF SOCIAL JUSTICE
AND EMPOWERMENT
SHASTRI BHAWAN, C WING
DR. RAJENDRA PRASAD ROAD
NEW DELHI- 110011
REP. BY ITS SECRETARY.
...RESPONDENTS
(BY SMT. SAROJINI MUTHANNA K., ADV. FOR R1 TO R3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2
TO CHANGE THE NAME AND GENDER IN THE SERVICE BOOK OF
RESPONDENT AND ALL OTHER EMPLOYEE RECORDS REFLECTING
THE PETITIONERS NAME AS RAUSHAN AND GENDER AS FEMALE AND
TO ISSUE HER A CORRECTED EMPLOYMENT IDENTITY CARD.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Heard learned senior counsel Smt.Jayna Kothari for Sri.Rohan Kothai, learned counsel for petitioner and learned counsel Smt.Sarojini Muthanna.K., for respondent Nos.1 to 3. Perused the writ petition papers.
2. Learned senior counsel for petitioner would submit that the petitioner is working as Scientist in the second respondent-Institution and the respondents have failed to change the name of the petitioner from 'Raj -3- NC: 2025:KHC:3770 WP No. 20202 of 2022 Raushan' to 'Raushan' and gender from 'male' to 'female' in her service records, even after repeated representations. Learned senior counsel would submit that the petitioner is a transwoman and working in the second respondent-Institution. Petitioner submitted representation with all the medical records on 28.10.2020 (Annexure-E) and subsequently on 13.07.2021 (Annexure-N) and Annexure-Q dated 14.12.2021, requesting to change the name of the petitioner as stated above.
3. Learned senior counsel would submit that the name of the petitioner is changed in Aadhar card also and it is submitted that the copy of said changed Aadhar card is placed as Annexure-L. Learned senior counsel would further submit that the subject matter is in correspondence for the last more than five years. The respondents have not taken any decision in the matter of change of name of the petitioner. In that regard, learned senior counsel would invite attention of this Court to Annexure-R dated 12.01.2022 and several -4- NC: 2025:KHC:3770 WP No. 20202 of 2022 correspondences. As the respondents have failed to take any action on the representation of the petitioner for change of name, petitioner is before this Court in this writ petition.
4. Per contra, learned counsel Smt.Sarojini Muthanna.K., for respondent Nos.1 to 3 seeks reasonable time to pass appropriate order on the representations of the petitioner.
5. The petitioner is seeking for a writ of mandamus directing the respondent Nos.1 and 2 to change the name and gender of the petitioner in the service book and all other service records. In that regard, petitioner has made representations as at Annexures-E, N and Q dated 28.10.2020, 13.07.2021 and 14.12.2021 respectively. But, the respondent Nos.1 and 2 have not passed any order either accepting or rejecting the petitioner's request. The respondent Nos.1 and 2 have legal obligations to consider the request of the petitioner and pass orders in accordance with law. As they have -5- NC: 2025:KHC:3770 WP No. 20202 of 2022 failed to pass orders on the representations of the petitioner, the petitioner would be entitled for a writ of mandamus. Hence, the following:
ORDER
a) The respondent Nos.1 and 2 are directed to consider the representations as at Annexures-E, N and Q dated 28.10.2020, 13.07.2021 and 14.12.2021 respectively and take a decision on the request of the petitioner within a period of three months from the date of uploading this order on the website of the High Court.
b) With the above, writ petition stands disposed of.
Sd/-
(S.G.PANDIT) JUDGE NC CT:bms