Allahabad High Court
Kalpana Gupta @ Bhawnaa Gupta vs State Of U.P. Thru Secy. Secondary ... on 12 September, 2022
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- WRIT - C No. - 1002001 of 2013 Petitioner :- Kalpana Gupta @ Bhawnaa Gupta Respondent :- State Of U.P. Thru Secy. Secondary Education And Another Counsel for Petitioner :- Alok Tripathi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Present petition has been filed stating that the petitioner had appeared as regular candidate with the name Km. Kalpana Gupta and she completed her examinations at various levels including the L.L.B. three year course in the name of Kalpana Gupta.
It is stated that some time in the year 2012, the petitioner decided to change her name to Bhawanaa Gupta instead of Kalpana Gupta and got a publication carried out in the newspaper and subsequently moved an application seeking correction in the name in various school records.
It is argued at the Bar that right to change name has been held to be a right granted under Article 19(1)(a) of the Constitution of India, however, the Hon'ble Supreme Court considering the case of Jigya Yadav (Minor) v. C.B.S.E. & Ors.; Civil Appeal No.3905 of 2011 decided on 3.6.2021 recorded as under:
"171. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.
(a) 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).
(b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.
172. In light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paragraphs 170 and 171, as may be applicable, until amendment of relevant Byelaws. Additionally, the CBSE shall take immediate steps to amend its relevant Byelaws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it."
(Emphasis supplied) In view of the judgment as passed by the Hon'ble Supreme Court in the case of Jigya Yadav (supra), in the present case, the right to change name can be exercised after following the directions as contained in Para 171(b).
As such, the present petition is disposed off permitting the petitioner to take steps as are required in terms of the directions contained in Clause (b) of Para 171 in the case of Jigya Yadav (supra). Thereafter, the petitioner would be entitled to move an appropriate application before the authorities concerned, who shall follow the mandate as given in the case of Jigya Yadav (supra).
Order Date :- 12.9.2022 nishant