Writ petition seeking correction of name in Secondary School Certificate and quashing of G.O.Ms.No.1263 Section C. Court relied on Jigya Yadav, held that name change rights are subject to civil court declaration. Petition disposed of with direction to approach Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND
HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION NO: 8080 OF 2023
Between:
Joharapuram Sreevathsav Reddy, S/o Ganjikunta Seetharamudu, Aged about 22 Years, R/o H.No.15/456, Victoria Pet, Adoni, KurnoolDistrict.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or order or direction, one more particularly in the nature of a “Writ of Mandamus”, a. declaring action of the Respondents herein in issuing G.O.Ms.No.1263 dated 06.05.1971, which, vide Section C, stipulates that correction of the entries relating to name, father's name, caste religion etc., in the completed Secondary School Leaving Certificate or Higher Secondary Certificates or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates is not permissible and thereby rejecting the application made by the Petitioner for change of his name in the SCC Original Certificate bearing Roll No.1620125052 vide Memo No.ESE02 - 21022/127/2022 - TB SEC - CSE as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(a) and 21 of the Constitution of India, b. Consequently set aside Section C of the G.O.Ms.No.1263 dated 06.05.1971. c. Direct the Respondents herein to register the new name of the Petitioner, i.e., Joharapuram Sreevathsav Reddy in place of his old name, i.e, Ganjikunta Sreevathsav in the Secondary School Certificate bearing Roll No.1620125052.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to provisionally register the new name of the Petitioner, i.e., Joharapuram Sreevathsav Reddy in place of his old name, i.e, Ganjikunta Sreevathsav in the Secondary School Certificate bearingRollNo.1620125052.
Counsel for the Petitioner: SRI VIVEKANANDA VIRUPAKSHA
Counsel for the Respondent Nos.1 to 4 & 6: GP FOR SCHOOLEDUCATION Counsel for the Respondent Nos.5 & 7: GP FOR REVENUE
The Court made the following: ORDER
m THE HIGH COURT OP ANDHRA PRADESH : AMARAVATI HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
8e
HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.8080 of 2023
Joharapuram Sreevathsav Reddy, S/o. Ganjikunta Seetharamudu, Aged about 22 years, R/o. H.No. 15/456, Victoria Pet, Adoni, Kurnool District.
... Petitioner
Vs.
The State of Andhra Pradesh Rep. by its Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Amaravati, Gimtur District and six others.
... Respondents
Coimsel for the Appellant Mr. Vivekananda Virupaksha Counsel for the Respondents : G.P. for School Education - R1 to R4 & R6
G.P. for Revenue - R5 & R7
Dt.: 05>0l« 2024
PER DHIRAJ SINGH THAKUR, CJ:
The petitioner states that he has completed his M.B.B.S.and is in the process of undergoing internship. He seekstohavehis
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HCJ&RB,R, J W.P.No.8080 of 2023
name changed from Ganjikunta Sreevathsav to Joharapuram Sreevathsav Reddy.
- The petitioner states that his parents had an inter-caste marriage and that the petitioner was given his father’s surname. However, on the advice of his elders, that the petitioner’s marriage would be performed as per the customs that are prevalentonhis maternal side, the name is required to be changed to Joharapuram Sreevathsav Reddy. An apphcation, in this regard, it is stated, was filed with the official respondents, who required the petitioner to pubhsh in the newspapers regarding the factum of the proposed change of name, which was done accordingly. A notice was pubhshed in two prominent newspapers. Thereafter, it is stated that the factum regarding change of the name of the petitioner was also pubhshed in the Gazette of Andhra Pradesh on 16.05.2022.
- The petitioner stated that having changed his name officiaUy, an apphcation was made to the Deputy Educational Officer, Adoni, seeking his change of name in the Secondary SchoolCertificate bearing roh No. 1620125052. The said apphcation was rejected on the ground that the said change was not permissible as per G.O.Ms.No.l263, dated 06.05.1961, which is also chahengedinthe present petition.
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HCJ&RRR, J W.P.No.8080of 2023
The said Government Order insofar as it pertains to the change in the name is contained in Section C and envisages as
under:
“(1) No application shall he entertained by the Government or any officer of the Educational Departmentfor the correction of the entries relating to name, father's name, caste, rehgion etc., in the completed Secondary School Leaving Certificate or Higher Secondary Certificates or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates, unless it be for the correction of obviouslyabsurd entries or clerical mistakes committed in the schooloroffice records of the Education Department.
(2) The person affected may, however, arrange to notify at his or her own cost, any such change of name, father's name, caste or rehgion in the Andhra Pradesh Gazette and shall keep a copy of the notification in the' concerned certificate.
(3) No correction need, however, be made in the certificates or the school records as a result of the notification referred to in rule 2 above.
- On a perusal of the Government Order supra, it is clearthat the case of the petitioner does not fall in clause (1) of Section ‘C’ of the aforementionedG.O. hearing No.l263, dated 06.05.1961,asitis not the case of the petitioner that the name of the petitioner was incorrectly recorded in the school or office recordsintheEducation Department, but clearly the name change is sought onaccountof the advice of his elders in the family.
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HCJ&RRB, J W.P.No.8080 of 2023
- The petitioner clearly appears to have fallen in error in assuming that on accoimt of the publication of notice in two prominent newspapers as also the pubhcation of hisnewnamein the Government Gazette, it was sufficient for him to seek a mandajnus against the official respondents for incorporating a change accordingly in their official/school records. In fact, clauses (S) and (3) of Section ‘G’ of G.0.Ms.No.l263 clearly envisage that no change would be permissible in the Secondary School Leaving Certificate unless, of course, it was on account ofsome clerical mistake or other obvious absurdity, that an option is given to a candidate to arrange to noti:^ such a change of name/father’sname etc., by pubhcation in the Andhra Pradesh Gazette,ifitotherwise serves the purpose of the petitioner.
- A mere pubhcation in the Andhra Pradesh Gazette would not. in our opinion, justij^ the issuance of a mandamustotheofficial respondents for correcting either the Secondary School Leaving Certificate issued in favour of the petitioner or theirotherofficial records. In a recent judgment of the Apex Court in the case of Jigya Yadav Vs Central Board of Secondary Education and others^,where it was dealing with the right of an individual to gethisname
1 (2021) 7 see 535
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HCJ&RRR, J W.P.No.8080of 2023
changed in the school records, the Apex Court on theissueofthe
right of an individual as regards his identity, held:
“1S5. Identity, therefore, is an amalgam of various internal and external including acquired characteristicsofan individual and name can be regarded as one of the foremost indicators of identity. And therefore, an individualmustbein complete control ofher name and law must enable hertoretain as well as to exercise such control freely “for alltimes”.Such control would inevitably include the aspiration ofanindividual to be recognised by a different name for a Just cause.Article 19(1X3>) of the Constitution provides for a guaranteed rightto freedom of speech and expression. In light of NavteJ Singh Johar [NavteJ Singh Johar v. Umon of India, (SO18)10SCO1 : (SOI 9) 1 SCO (Cri) 1], this freedom would includethefreedom to lawfully express one's identity m the manner of their hking. In other words, expression of identity is a protectedelementof freedom of expression under the Constitution. ”
- In the judgment supra, the Apex Court, with referencetothe provisions of the Passports Act, 1967, and the provisionsofthe Aadhaar (Targeted Dehvery. of Financial and Other Subsidies, Benefits and Services) Act, 2016, noticed that the same also permitted change of name and date of birth on the basisofcertain documents on the events following marriage, divorce or re marriage and even change of complete name itself. Finally,m paragraph 194, the Court held:
“194. As regards request for “change” of particularsin the certificate issued by the CBSE, it presupposesthat the
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HCJ&RRR, J W.P.No.8080 of 2023
particulars intended to be recorded in the CBSE certificateare not consistent with the school records. Such a requestcouldbe made in two different situations. The first is on thebasisof 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 pubhc documents pertaining to the candidate.
194.1. Reverting to the first category as noted earlier, there is a legal presumption in relation to the pubhcdocuments as envisaged in the 1878 Act. Such pubhc documents, therefore, cannot be ignored by the CBSE. Taking noteof those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however,need notbe unconditional, but subject to certain reasonable conditionstobe fulfhled by the apphcant as may be prescribed by the CBSE, such as, of furnishing sworn affdavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in heu of administrative expenses. The CBSE mayalso insist for issuing Pubhc Notice and pubhcation in theOfifcial Gazette before recording the change in the fresh certifcateto be issued by it upon surrender/return of the originalcertifcate (or duphcate original certifcate, as the case may be) by the apphcant. The fresh certifcate may contain disclaimerand 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 certifcate may retain original particulars wlhle recording the change along with caption/annotation referred toabove (except in respect of change of name effected in exerciseof right to be forgotten).
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HCJ Se RRR, J W.P.No.8080of 2023
194.2. However, in the latter situation where the change is to be effected on the basis of new acquiredname 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 m the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued byCB8Eand 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 exerciseof right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded andother details iacludiag 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 ofthe apphcant. ”
- Having recognized the existence of the right to identity,the Court however held that the right to get a name changedinthe official records was not an absolute right and that pubhc interest calls for certain reasonable restrictions.
- Testing the facts of the present case on the touchstoneofthe ratio of the judgment supra, it can be seen that theimpugned Section ‘C’ of G.0.Ms.No.l263 does not at all envisageacorrection relating to a name in the Secondary School LeavingCertificate except when the same is for correcting absurd entriesorclerical mistakes. This part of Section ‘C’ of G.0.Ms.No.l263, therefore, rims in the teeth of the principles which had been recognizedinthe
8 HCJ&KaR, J W.P.No.8080of 2023
judgment supra with regard to the right of an individualtohave complete control over his identity which includes therightofan individual to change his name although for a just cause.
- However, with a view to seek a change in the name ofthe petitioner, the petitioner would have to approach theCivilCourt which would have to be satisfied with the need demonstrated by the petitioner before it grants any rehef. It would be apt at this stage to refer to paragraph No. 172 of the judgment supra, wherein,the Apex Court held:
“178. When a student applies to a court of law for prior permission and/or declaration and produces public document(s), the court would enter upon an inquirywherein the legal presumption would operate in favour of the public document(s) and burden would shift on the party opposingthe change to rebut the presumption or oppose the claim on any other ground. The question of genuineness of the document including its contents would be adjudicated in the same inquiry and the court of law would permit the desired change only upon verifying the official records and upon beingsatisfiedof its genuineness. At the same time, the question ofJusticiabihty of the requested changes would be considered and only upon beingsatished with the need demonstrated by the student,the court would grant its permission. The said permissioncanthen be placed before the Board along with copy ofpubUcationinthe Official Gazette and requisite (prescribed) fee (if any). The Board would then have no locus to make further enquirynor would be required to enter upon any further verihcation exercise. ”
9 HGJ & RRR, J W.P.No.8080of 2023
- Be that as it may, if the petitioner approaches theCivilCourt and succeeds in obtaining a declaration as prayed for,thesame would have to be published in the Government Gazetteandthen based upon the same, the official respondents wouldbeunderan obhgation to carry out the changes accordingly in accordancewith the ratio of the judgment supra.
- The writ petition is accordingly disposed of. No costs.
Pending miscellaneous apphcations, if any, shall standclosed.
SD/- U. SRIDEVI ASSISTANT REt^TRAR
//TRUE COPY//
To,
SECTION OFFICER
- One CC to Sri Vivekananda Virupaksha, Advocate [OPUC]
- Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 10. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies.
ssb
AQ
HIGH COURT
DATED:05/01/2024
ORDER
WP.No.8080 of 2023
S 2 8 MAY 202^1 o».
i^esPATCV^
I3<
Ai
DISPOSING OF THE W.P. WITHOUT COSTS
3 issues framed by the court
Whether Section C of G.O.Ms.No.1263 prohibiting name correction in School Leaving Certificates is violative of fundamental rights?
Whether gazette notification alone mandates correction of name in official educational records?
What is the proper remedy for changing name in educational certificates after gazette notification?
Colour shows how this judgement treated each authority
Jigya Yadav v. Central Board of Secondary EducationRelied on¶56
Jigya Yadav Vs Central Board of Secondary Education and others
Jigya Yadav v. Central Board of Secondary EducationRelied on¶57
(2021) 7 SCC 535 · Who else cites this
Navtej Singh Johar v. Union of IndiaReferred¶62
Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 · Who else cites this
Joharapuram Sreevathsav Reddy
State of Andhra Pradesh
Commissioner of School Education, Andhra Pradesh
Joint Director, Department of School Education, Andhra Pradesh
District Educational Officer, Kurnool District
District Collector, Kurnool District
DHIRAJ SINGH THAKUR
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
