Andhra Pradesh High Court - Amravati

Joharapuram Sreevathsav Reddy vs The State Of Andhra Pradesh on 5 January, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

   IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON‟BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                           &
        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, Guntur District and six others.
                                                    ... Respondents

Counsel 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.: 05.01.2024

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 seeks to have his

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name changed from Ganjikunta Sreevathsav to Joharapuram

Sreevathsav Reddy.

2. 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 prevalent on his

maternal side, the name is required to be changed to Joharapuram

Sreevathsav Reddy. An application, in this regard, it is stated, was

filed with the official respondents, who required the petitioner to

publish in the newspapers regarding the factum of the proposed

change of name, which was done accordingly. A notice was

published in two prominent newspapers. Thereafter, it is stated

that the factum regarding change of the name of the petitioner was

also published in the Gazette of Andhra Pradesh on 16.05.2022.

3. The petitioner stated that having changed his name officially,

an application was made to the Deputy Educational Officer, Adoni,

seeking his change of name in the Secondary School Certificate

bearing roll No.1620125052. The said application was rejected on

the ground that the said change was not permissible as per

G.O.Ms.No.1263, dated 06.05.1961, which is also challenged in the

present petition.

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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 be entertained by the Government or any officer of the Educational Department for the 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, unless it be for the correction of obviously absurd entries or clerical mistakes committed in the school or office 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 religion 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."

4. On a perusal of the Government Order supra, it is clear that

the case of the petitioner does not fall in clause (1) of Section „C‟ of

the aforementioned G.O. bearing No.1263, dated 06.05.1961, as it is

not the case of the petitioner that the name of the petitioner was

incorrectly recorded in the school or office records in the Education

Department, but clearly the name change is sought on account of

the advice of his elders in the family.

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5. The petitioner clearly appears to have fallen in error in

assuming that on account of the publication of notice in two

prominent newspapers as also the publication of his new name in

the Government Gazette, it was sufficient for him to seek a

mandamus against the official respondents for incorporating a

change accordingly in their official/school records. In fact, clauses

(2) and (3) of Section „C‟ of G.O.Ms.No.1263 clearly envisage that

no change would be permissible in the Secondary School Leaving

Certificate unless, of course, it was on account of some clerical

mistake or other obvious absurdity, that an option is given to a

candidate to arrange to notify such a change of name/father‟s name

etc., by publication in the Andhra Pradesh Gazette, if it otherwise

serves the purpose of the petitioner.

6. A mere publication in the Andhra Pradesh Gazette would not,

in our opinion, justify the issuance of a mandamus to the official

respondents for correcting either the Secondary School Leaving

Certificate issued in favour of the petitioner or their other official

records. In a recent judgment of the Apex Court in the case of Jigya

Yadav Vs Central Board of Secondary Education and others1, where

it was dealing with the right of an individual to get his name

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changed in the school records, the Apex Court on the issue of the

right of an individual as regards his identity, held:

"125. Identity, therefore, is an amalgam of various internal and external including acquired characteristics of an individual and name can be regarded as one of the foremost indicators of identity. And therefore, an individual must be in complete control of her name and law must enable her to retain as well as to exercise such control freely "for all times". Such control would inevitably include the aspiration of an individual to be recognised by a different name for a just cause. Article 19(1)(a) of the Constitution provides for a guaranteed right to freedom of speech and expression. In light of Navtej Singh Johar [Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 :

(2019) 1 SCC (Cri) 1], this freedom would include the freedom to lawfully express one's identity in the manner of their liking.

In other words, expression of identity is a protected element of freedom of expression under the Constitution."

7. In the judgment supra, the Apex Court, with reference to the

provisions of the Passports Act, 1967, and the provisions of the

Aadhaar (Targeted Delivery 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 basis of certain

documents on the events following marriage, divorce or re-

marriage and even change of complete name itself. Finally, in

paragraph 194, the Court held:

"194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the 6 HCJ & RRR, J

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.

194.1. 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).

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194.2. 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."

8. Having recognized the existence of the right to identity, the

Court however held that the right to get a name changed in the

official records was not an absolute right and that public interest

calls for certain reasonable restrictions.

9. Testing the facts of the present case on the touchstone of the

ratio of the judgment supra, it can be seen that the impugned

Section „C‟ of G.O.Ms.No.1263 does not at all envisage a correction

relating to a name in the Secondary School Leaving Certificate

except when the same is for correcting absurd entries or clerical

mistakes. This part of Section „C‟ of G.O.Ms.No.1263, therefore, runs

in the teeth of the principles which had been recognized in the 8 HCJ & RRR, J

judgment supra with regard to the right of an individual to have

complete control over his identity which includes the right of an

individual to change his name although for a just cause.

10. However, with a view to seek a change in the name of the

petitioner, the petitioner would have to approach the Civil Court

which would have to be satisfied with the need demonstrated by the

petitioner before it grants any relief. It would be apt at this stage to

refer to paragraph No.172 of the judgment supra, wherein, the

Apex Court held:

"172. 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 inquiry wherein the legal presumption would operate in favour of the public document(s) and burden would shift on the party opposing the 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 being satisfied of its genuineness. At the same time, the question of justiciability of the requested changes would be considered and only upon being satisfied with the need demonstrated by the student, the court would grant its permission. The said permission can then be placed before the Board along with copy of publication in the Official Gazette and requisite (prescribed) fee (if any). The Board would then have no locus to make further enquiry nor would be required to enter upon any further verification exercise."

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11. Be that as it may, if the petitioner approaches the Civil Court

and succeeds in obtaining a declaration as prayed for, the same

would have to be published in the Government Gazette and then

based upon the same, the official respondents would be under an

obligation to carry out the changes accordingly in accordance with

the ratio of the judgment supra.

12. The writ petition is accordingly disposed of. No costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ R.RAGHUNANDAN RAO, J kbs 10 HCJ & RRR, J

_____

HON‟BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON‟BLE MR. JUSTICE R.RAGHUNANDAN RAO