Allahabad High Court
Muhammad Sahil vs State Of U.P. And 5 Others on 22 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. Neutral Citation No.-2025:AHC:60317-DB Court No. - 39 Case :- WRIT - C No. - 12023 of 2025 Petitioner :- Muhammad Sahil Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Neha Bano,Om Prakash Vishwakarma,Shri Ram Pandey Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J.
Hon'ble Avnish Saxena,J.
JUDGMENT Hon'ble Arindam Sinha,J.
1. Mr. Shri Ram Pandey, learned advocate appears on behalf of petitioner and submits, his client obtained educational certificates in his earlier name, 'Kamil Khan'. He has since, by following prescribed schedule, changed his name to 'Muhammad Sahil'. There has been gazette notification and presently his client is known by latter name.
2. His client applied for change of name in his educational certificates. By impugned letter dated 16th December, 2024, passed by the District Inspector of Schools (DI), his application was rejected. He relies on view taken by a learned single Judge of this Court on order dated 2nd December, 2020 in Writ-C no.19287 of 2020 (Kabir Jaiswal Vs. Union of India and four others). He submits, right to change one's name is a fundamental right of expression. Refusal by the DI to make the change is in violation of his client's fundamental right. The refusal cannot be said as based on any law envisaged under article 19(1)(2) in the Constitution of India. He seeks interference.
3. Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel appears on behalf of State and submits, the procedure does not allow for change of name in petitioner's educational certificates. Long after obtaining the educational certificates he has had his name changed. He cannot seek retrospective change in his educational certificates. The procedure allows only for correction. Post issuance of the certificates, at this time, there is no procedure for change of name in petitioner's certificates.
4. Petitioner has challenged letter dated 16th December, 2024 made by the DI along with letter dated 3rd December, 2024 issued by respondent no.2 (the Additional Secretary). There is no challenge to amended regulation 7 nor regulation 40 in Regulations under U.P. Intermediate Education Act, 1921.
5. The first Division Bench of this Court in dealing with an intra-Court appeal took view on issue of change of name in the educational certificate, issued under aforesaid regulations. The appeal was against judgment of a learned single Judge, reading down one and striking out another provision in the Regulations. The view was taken on judgment dated 13th February, 2025 in Special Appeal no.459 of 2023 (State of U.P. And 2 others Vs. Md. Sameer Rao and 3 others). Facts in that case were, petitioner was known by an earlier name when he took intermediate examinations conducted by the Board, respectively in years 2013 and 2015. In year 2020, based on subsequently issued Aadhar, PAN cards and also gazette notification, he approached the Board to incorporate his new name in the High School and Intermediate certificates. The Division Bench referred to, inter alia, judgment of the Supreme Court in Jigya Yadav v. CBSE reported in (2021) 7 SCC 535.
6. For purpose of adjudication of this writ petition, paragraph 16 from Md. Sameer Rao (supra) is reproduced below.
"16. One may visualize a situation where a person is having certain documents of identity, like Adhar card, Voter I.D. card, PAN card etc. mentioning a particular name on which basis he appeared in High School and Intermediate Examinations and got certificates. After a certain number of years, the said person wants to acquire a new name and again obtains new Adhar card, Voter I.D. card, PAN card, etc. On that basis, even if, for one reason or the other, the Board issues fresh educational testimonials incorporating his new name, then, if after some time, that person wants to acquire a third name and again obtains fresh documents of identity issued in that third new name and again approaches the Board to issue fresh testimonials incorporating his new name, such a recourse would become an endless process. Such an obligation cannot be imposed on Board particularly when it is contrary to statutory regulations."
The Division Bench, inter alia, reversed setting aside of regulation 40(c) and held that petitioner (appellant before said Court) had no case on merits.
7. In the case before us the facts are, petitioner had passed out from High School in academic session 2002-2003 and Intermediate in academic session 2004-2005, from School CPVN Inter College, Kaimganj, Farrukhabad. At that time he was known as 'Kamil Khan'. His educational certificates were accordingly issued. By application dated 16th October, 2024, he sought change of name in the mark-sheets, certificates and for providing transfer certificate on presenting copy of Gazette of India no.CG-DL-W-17042021-226687 dated 17th April, 2021. Thereby petitioner had caused notification of change of his name to 'Muhammad Sahil'.
8. The DI by communication dated 16th December, 2024 referred petitioner to letter dated 3rd December, 2024 issued by the Additional Secretary. The Additional Secretary by said letter dated 3rd December, 2024 pointed out, inter alia, prescribed period of three years and regulation 40(b). Both the letters have been challenged in the writ petition. Official English translation of amended regulation 7 and clauses (a), (b) and (c) under regulation 40 are reproduced below.
"7. The Secretary, on behalf of the Board, shall issue pass certificates to the successful candidates of the Board's examination in the prescribed form and will later make any correction in the entries therein, provided that any such wrong entry in the certificate has been made due to any unintended clerical mistake or omission or due to any such clerical mistake which has inadvertently been recorded at the Board's level or at the level of institution where the education was last received. This correction can be made by the Secretary only in the condition that the candidate has submitted an application to the concerned Principal/Forwarding Officer for correction of the error, drawing attention to the clerical error, within three years from the date of issuance of the certificate of the relevant examination by the Board and a copy of it has also been sent to the Secretary, Board through the registered post.
Provided that if there is any spelling mistake in the name of the candidate, father's name or mother's name in the mark-sheet and certificate of the candidate, then it shall be corrected immediately on the basis of certified evidence by the Regional Secretary of the concerned Regional Office of the Board, at the time when the candidate applies for it."
"40(a). The application shall be made through the proper channel and shall reach the office of the Secretary of the Board within three years from the 31st March of the year in which the examination was held. The applicant shall have to give an affidavit on a stamped paper, duly certified by a First Class Magistrate or a Notary, stating valid reasons for the change of name and duly certified by a Gezetted Officer and the candidate shall advertise the change of his name in three different editions of the local daily news paper of the place where he resides, before he receives a new certificate of the changed name. Copies of the news papers of the concerned dates must be enclosed with the application form.
(b) The Board shall not admit applications for change of name, except the following, of any other reasons:-
If the name is awkward or sounds abusive or appears disrespectful or there being any other such situation.
(c) No applications given by candidates for adding surnames before or after their names, adding words indicating religion or caste or adding respectful words or title shall not be admitted. Similarly, the Board shall not change the name on the basis of change of religion or caste or as a result of marriage of students."
(emphasis supplied)
9. In Jigya Yadav (supra) there is narration of 22 petitions (for special leave to appeal and transfer), relating to correction/change in name/surname/date of birth of candidates or their parents, in the certificates issued by the Central Board of Secondary Education (CBSE), filed in the Supreme Court and dealt with by the judgment. Particulars of the petitions are as below.
(i) Ms. Jigya Yadav had assailed decision of the High Court of Delhi rejecting her prayer for direction to the Board to carry out correction of her parents' name in the marksheets issued by it.
(ii) The Special Leave Petition carried prayer for leave to appeal against judgment dated 6th February, 2019 passed by the High Court of Delhi. CBSE assailed the judgment granting prayer for change of mother's name, whose nick name was inadvertantly recorded in the school record of the student.
(iii) The appeal was of CBSE assailing judgment dated 5th November, 2019 passed by the High Court of Kerala on approach by the student in respect of his father's name.
(iv) The appeal was by CBSE assailing decision of the Kerala High Court, allowing correction of date of birth of the student.
(v) CBSE was appellant assailing judgment dated 13th December, 2019 passed by the High Court of Judicature for Rajasthan permitting request for change of mother's name of the student in the CBSE certificates.
(vi) The appeal was by CBSE assailing decision dated 20th November, 2019 passed by the High Court of Kerala confirming permission to cause change in name pursuant to the birth certificate, issued subsequent to the student passing matriculation.
(vii) The appeal was against judgment dated 24th August, 2020 passed by the Delhi High Court confirming request of the student to include surname in her certificate on requirement of mention for purpose of study abroad.
(viii) The appeal was against decision dated 13th July, 2020 of the High Court of Kerala in respect of the student's prayer for change in date of birth, granted.
(ix) The appeal was against judgment dated 19th November, 2019 again of the High Court of Kerala, on said Court allowing change in date of birth.
(x) The appeal was against decision dated 3rd July, 2020 of the High Court of Rajasthan, Jaipur Bench, allowing the student's prayer for change of her father's and mother's names in the certificates.
(xi) The appeal was against judgment dated 4th June, 2020 of the Kerala High Court confirming the student's request for change in date of birth.
(xii) The appeal was against decision dated 6th August, 2020 of the High Court of Kerala confirming allowing of the student's prayer for change of names of his mother and father.
(xiii) The appeal was against decision dated 19th December, 2019 of the High Court of Kerala, whereby the student's prayer for change of name from 'Vaibhav R.' to 'Vaibhav D.' in the certificates was allowed.
(xiv) The appeal was against decision dated 8th November, 2019 of the High Court of Kerala confirming allowing the student's prayer for change in his date of birth.
(xv) The appeal was against decision dated 12th May, 2020 passed by the High Court of Punjab and Haryana refusing to interfere with declaratory relief granted in favour of the student on his date of birth as '7th May, 2004' instead of '15th February, 2001' and change of his father's and mother's names.
(xvi) Next was appeal by the Board against judgment dated 29th July, 2020 passed by the High Court of Kerala confirming the student's prayer for change in date of birth.
(xvii) The appeal involved challenge against judgment dated 13th November, 2019 passed by the High Court of Kerala confirming the student's prayer for change of name from 'Ganga' to 'Ganga S' and father's name from 'Rajendran C' to 'Rajendran Pillai C'.
(xviii) The appeal was against judgment dated 26th November, 2019 passed by the High Court of Judicature at Madras affirming permission for change of name of the student's father from 'Fazal Rehmaan' to 'Shaik Fazul Rahiman'.
(xix) Next was challenge against judgment dated 25th September, 2020 of the High Court of Kerala, whereby the student's prayer for change in date of birth from '17th January, 1992' to '17th January, 1991' was allowed on basis of subsequently obtained birth certificate.
(xx) The appeal involved challenge to judgment dated 25th September, 2020 of the High Court of Kerala, whereby the student's prayer for change in date of birth in the certificates was allowed on reliance of subsequently obtained birth certificates.
(xxi) The last appeal was against judgment dated 7th September, 2020 passed by the High Court of Kerala confirming allowing of the student's prayer for change of his father's name from 'Hashim Abdulla' to 'Hashim A' and mother's name from 'Shahina Duneera' to 'Shahina Beegum D.S'.
(xxii) The last case was a transfer petition seeking withdrawal of two proceedings pending before the Jharkhand High Court and High Court of Punjab and Haryana as similar questions were involved in them.
10. Petitioner relies on Kabir Jaiswal (supra). The learned single Judge after having discussed views taken, inter alia, by the Kerala High Court on judgment dated 2nd August, 2019 in W.P. no.20171 of 2019 (Minor Raana Cariappa Kalianda Vs. CBSE and another), went on to consider a question, which is more relevant in the present case. The question formulated by the learned single Judge is reproduced below.
"The next question, which is more important in the present case, is as to the Regulations of the CBSE, which prohibit the change of name except in the scenario as emphasized under Regulation 69.1(i) and 69.1 (ii) can be used to deny the rights enshrined under Article 19 (1) (a) of the Constitution of India."
(emphasis supplied)
11. Above question was answered in Kabir Jaiswal (supra) interpreting aforesaid regulations of CBSE to be fetter or causing violation of the rights enshrined under article 19(1)(a) of the Constitution. Reproduced below are the aforesaid regulations 69.1(i) and 69.1(ii).
69.1 Changes and Corrections in Name *i) Change in name of candidate/Father/Mother/Guardian once entered in the Board's record at any stage while studying in Class IX, X, XI, XII or thereafter, within a period of ten years from the date of issue of first such document shall be considered on written request of the Candidate(not minor)/father/mother/guardian duly forwarded by the Head of the Institution supported by the following documents:
a) Original copy of two newspapers (daily English/Hindi newspaper at National level & daily newspaper in a vernacular language circulated in the locality), in which the desired change has been published.
b) Original Affidavit duly sworn before the Judicial Magistrate, First Class/Metropolitan Magistrate/Executive Magistrate/Sub Divisional Magistrate.
c) Original copy of Publication in Government Gazette.
d) Payment of prescribed fee.
e) True Copy of admission form filled in by the parents duly updated as per Gazette Notification of desired change and duly attested by the Head of the concerned institution
f) True Copy of School Leaving Certificate of the previous school submitted by the parent/candidate at the time of admission and updated as per Gazette Notification of desired change, duly attested by the Head of the concerned institution.
g) True Copy of the page of admission and withdrawal register of the school where the entry has been made in respect of candidate showing updation as per Gazette Notification of desired change, duly attested by the Head of the concerned institution.
**ii) Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/ Surname, Father's name / Mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school may be made.
Application for correction in name of Candidate/Father's/Mother's/ Guardian's name will be considered only within ten years of the date of declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents:
a) True Copy of Admission form(s) filled in by the parents at the time of admission duly attested by the Head of the concerned institution
b) True Copy of the School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission duly attested by the Head of the concerned institution.
c) True copy of the portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate, duly attested by the Head of the concerned institution.
iii. The Board may effect necessary corrections after verification of the original records of the school and on payment of the prescribed fee.
iv. in case of change the document(s) will have a caption that may be read as "CHANGE ALLOWED IN NAME/FATHER'S NAME/MOTHER'S NAME/GUARDIAN'S NAME FROM ____________ TO_________ ON(DATED __________ ) AS PER REQUEST OF THE CANDIDATE AND GAZETTE NOTIFICATION NO.____ DATED____."
In our view, above reproduced regulations do not have object of prohibition. They are enabling regulations, to allow for corrections, as provided.
12. In Minor Raana Cariappa Kalianda (supra), the learned single Judge in the High Court of Madras made two points. Firstly, once a person opts to change his name by publication in the Government Gazette as required under the law, said change should be uniformly carried out in all the documents to retain uniqueness of the identity. Second point made was, the change lawfully effected cannot be said to be prospective and must be given retrospective effect as otherwise a person will be having more than two names on record and the identity of the person will be misleading. The view was not interfered with on appeal preferred by CBSE to the Division Bench of said Court.
13. We are unable to accept the view taken on the two points. A person having a name is a matter of fact. He or she has a given name, may be a middle name and a surname. The name, in totality, is the person's identity. When the person had taken educational examinations to obtain educational certificates, said person had the name and obtained the scores, which are facts. The person took the examinations under the then identity. The certificates were issued accordingly, recording facts of the person, going by the name, having had taken the examinations and obtained the results. Subsequently, if the person decides to change his or her name and by following prescribed schedule effects the change, the change effected also becomes a fact. Subsequent to the change, the person will be known by the changed name. Because the person subsequently changes his or her name, he or she, as of right, cannot alter the fact that he or she had taken the examinations by and under the previous name.
14. To elaborate on last preceding paragraph, we will consider retroactivity in context of amendments made to laws and judgments passed. Generally, amendments when clarificatory may have retrospective effect. Judgments, the Supreme Court said in ACIT, Rajkot v. Saurashtra Kutch Stock Exchange Ltd. reported in (2008) 14 SCC 171, paragraph-35, have retrospective operation because it is later discovery of the correct position of law. None of above two situations relate to or are in respect of facts. Hence, the principles of retroactivity cannot be applied to the matter of subsequent change of name, in respect of altering factual record in the educational certificates, not being otherwise incorrect.
15. We will go so far as to say that when a person subsequently obtains change of his or her name, the person will thereafter be known by the changed name. On strength of the gazette notification, the person will be able to rely on his or her credentials, obtained in the previous name.
16. We find, as was found in Md. Sameer Rao (supra), clear distinct between correction and subsequent change of name. The Supreme Court in Jigya Yadav (supra) did not impose declaration regarding procedure to be adopted by the CBSE in dealing with request for change of name. Not only was discretion had by the Board confirmed, but also, the CBSE was said, as may consider the request and the consideration need not be unconditional. Paragraph 194.1 is reproduced below.
"Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing Public Notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten)."
(emphasis supplied) Regulation 40(b) providing for change of name is distinctly different from CBSE regulations 69.1(i) and (ii).
17. Petitioner has not urged that he has 'right to be forgotten' in respect of his previous name. It follows, where petitioner has not urged, we need not express any view on existence of such a right. For reasons aforesaid, petitioner's case is found to be without merit.
18. The writ petition is dismissed.
Judgment Date:-22.4.2025 Ashutosh (Arindam Sinha, J.) (Avnish Saxena, J.)