Disposed

Niranjan Nair v. Central Board of Secondary Education

Kerala HC27 Jan 2023WP(C)/665/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an individual seeking change of name and gender in school records. The Court directed the Regional Officer of the CBSE to finalize the pending application within one month and to seek necessary clarifications within two weeks.

What did the court decide?

Directed the 2nd respondent to finalize the application within one month; to seek clarifications within two weeks; Registrar to mask the petitioner's name.

Niranjan Nair Vs Central Board of… — Constitutional and Fundamental Rights | Kerala HC (2023)

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W.P.(C) No.665 of 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 27^TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944 WP(C) NO. 665 OF 2023

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PETITIONER:

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XXX

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BY ADVS. SMRUTHI SASIDHARAN V.P.BRIJESH ASWATHY AMBY SREEJA SASIDHARAN

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION REP. BY ITS CHAIRMAN (AN AUTONOMOUS ORGANIZATION, THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT) HEAD OFFICE, NO. 2, SHIKSHA KENDRA COMMUNITY CENTER, PREET VIHAR, NEW DELHI., PIN - 110092

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2 REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CTTC, ADMIN BLOCK, B S N L RTTC CAMPUS , KAIMANAM , THIRUVANANTHAPURAM, KERALA , PIN - 695040 3 THE PRINCIPAL VIDHYODAYA SCHOOL, EDAPPALLY - PUKKATTUPADY RD, THEVAKKAL, KOCHI, KERALA , PIN - 682021 4 THE PRINCIPAL SARASWATHI VIDHYANIKETHAN PUBLIC SCHOOL, PERANDOOR RD. MAMANGALAM, ELAMAKKARA, KOCHI, KERALA , PIN - 682026 BY ADV.NIRMAL.S.. STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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W.P.(C) No.665 of 2023

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ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.665 of 2023

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JUDGMENT

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Dated this the 27^th day of January, 2023

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This writ petition is filed by the petitioner seeking the following reliefs:

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(I) Issue a writ of mandamus commanding respondents 1 and 2 to change the name and gender of the petitioner in Ext. P9 and Ext.P10 to XXX , Male and the old photograph in the said Exhibits to be replaced by the petitioner's present photograph.

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(ii) Issue a writ of mandamus directing respondents 1 and 2 to consider and pass orders upon Ext.P12 representation within a time frame fixed by this Hon'ble Court;

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(iii) Issue any other writ or order as deemed fit by this Hon'ble Court

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(iv) Dispense with the translation of vernacular documents.

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According to the petitioner, the petitioner has changed his gender and subsequently, his name was changed to XXX (masked for the purpose of privacy). Petitioner had effected the change in all the documents viz., Aadhar, Passport, PAN card, Birth Certificate, bank documents etc. In that view of the matter, petitioner has submitted an application for change of name before the Regional Officer, the Central Board of Secondary Education, Regional Office, Thiruvananthapuram - the 2^nd respondent, which is pending consideration. According to the petitioner, in

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spite of all earnest efforts made by the petitioner, no action was taken, which persuaded the petitioner to file this writ petition.

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A statement is filed by the CBSE basically stating that the application

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W.P.(C) No.665 of 2023

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submitted by the petitioner is under process. It further pointed out that since certain directions are issued by the Apex Court in Jigya Yadav v. CBSE [2021(3) KLT 711(SC)] with respect to the consideration of change of name, some time is required in order to finalise the request made by the petitioner. It is further pointed out that in order to process the application submitted by the petitioner, the petitioner may have to provide sufficient documents enabling the CBSE to consider the same appropriately.

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Having heard learned counsel for petitioner Smt.Smruthi Sasidharan, Smt.Sreeja Sasidharan, Sri.V.P.Brijesh, Smt.Aswathy Amby and learned Standing Counsel for the CBSE Sri.Nirmal.S., this writ petition is disposed of, directing the 2^nd respondent to finalise the application submitted by the petitioner, at the earliest, and at any rate, within one month from the date of receipt of a copy of this judgment. I also make it clear that, if any clarification is required from the petitioner, sufficient request shall be made by the CBSE within two weeks from today. Registry is directed to mask the name of the petitioner in all orders and proceedings.

Sd/-

SHAJI P.CHALY

JUDGE

smv

W.P.(C) No.665 of 2023

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APPENDIX OF WP(C) 665/2023

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PETITIONER'S EXHIBITS

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Exhibit-P1	TRUE COPY OF REPORT BY CONSULTANT PSYCHIATRIST AT SCHIZOPHRENIA RESEARCH
	FOUNDATION (INDIA) FOR INITIATING GENDER CONFIRMING MEDICAL AND SURGICAL INTERVENTION DATED 23/ 11 /2021
Exhibit-P2	TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT MAGISTRATE ENTITLING THE PETITIONER TO CHANGE NAME AND GENDER IN ALL OFFICIAL DOCUMENTS DATED 31 / 03/2022(CERTIFICATE NO.KL/ERN/2021/14044/0/KL/ERN/2021/14044- KL/ERN/2021/11158
Exhibit-P3	TRUE COPY OF THE IDENTITY CARD ISSUED BY THE DISTRICT MAGISTRATE AS PER RULE 7 OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) RULES, 2020 DATED 31/3/2022
Exhibit- P 4	TRUE COPY OF THE EXTRACT OF THE ANNEXURE 1 THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) RULES, 2020
Exhibit -P 5	TRUE COPY OF AADHAR CARD WITH RECENT PHOTOGRAPH DATED 6/5/2022
Exhibit -P 6	TRUE COPY OF PASSPORT WITH RECENT PHOTOGRAPH DATED 21 /05/2022
Exhibit -P 7	TRUE COPY OF PAN CARD WITH NEW NAME AND RECENT PHOTOGRAPH
Exhibit -P 8	TRUE COPY OF THE PETITIONER'S DEGREE CERTIFICATE FROM CHENNAI MATHEMATICAL INSTITUTE IN HIS CURRENT NAME DATED 23/07/2022
Exhibit -P 9	TRUE COPY OF THE 10TH STANDARD MARK SHEET ISSUED BY THE 1ST RESPONDENT DATED 03/06/2017
Exhibit - P 10	TINE COPY OF THE 12TH STANDARD MARK SHEET ISSUED BY THE 1ST RESPONDENT DATED 02/05/2019
Exhibit - P 11	TINE COPY OF THE BIRTH CERTIFICATE ISSUED BY REGISTRAR OF BIRTHS AND DEATHS OF THODUPUZHA
	MUNICIPALITY DATED 12/ 10/2022.

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W.P.(C) No.665 of 2023

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Exhibit- P 12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE 2ND RESPONDENT VIA THE 3RD& 4TH RESPONDENTS DATED 28/10/2022 Exhibit- P 13 TRUE COPY OF THE REPLY BY THE 2ND RESPONDENT'S OFFICE DATED 8/12/2022

Niranjan Nair v. Central Board of Secondary Education

Case brief

What is this about?

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Niranjan Nair v. Central Board of Secondary Education

Case brief

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