Allahabad HC Allows Petitioner To Change His Name In High School And Intermediate Certificates
The Regional Secretary of the Madhyamik Shiksha Parishad of Bareilly had rejected an application of a man who had applied for the change of his name in a high school and intermediate certificates
The Allahabad High Court bench of Justice Ajay Bhanot upheld the fundamental right to change the names of individuals as per their own choice. This is in line with the Article 21 of the Constitution. Justice Ajay Bhanot observed that a name is of "universal human value" and the autonomy is allowed to individuals. This is however subjected to various reasonable restrictions in accordance with law.
The Regional Secretary of the Madhyamik Shiksha Parishad of Bareilly had rejected an application of a man who had applied for the change of his name in a high school and intermediate certificates. He wanted to change his name to Md. Sameer Rao from Shahnawaz. He later approached the High Court after the State Education Board declined his offer.
The Board declined the application showing restrictions under Regulations 40(ख) and 40 (ग) of the UP Intermediate Education Act. Regulation 40(ख) states that the application for change of name shall be accepted only if the name is gross, offensive or derogatory and Regulation 40 (ग) states that applications for adoption of nick name or names that show the religious identity or a horrific title shall also not be accepted.
The Court held that the students from the State Board were treated differentially with regards to their right to change the name. The Regulations, according to the Court, therefore violates the provisions of equality under Article 14, besides provisions under Article 19(1)(a) and 21 of the Constitution of India, for which the Court read down Regulation 40 (ग).
The Court therefore directed that the change of name be allowed and fresh high school and intermediate certificates incorporating the changes have also been directed to be issued in favour of Shahnawaz.
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