Manipur High Court
Shri. K.S. Lenminthang Alias ... vs Chairman on 17 September, 2024
SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM Page |1
SUSHIL SHARMA
SHARMA Date: 2024.09.20 13:29:20 +05'30' Item No. 113
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 67 of 2024
Shri. K.S. Lenminthang alias Lenminthang Keishing,
aged about 41 years, S/O K.S. Mohan, resident of
Nambashi Kachumram Village, P.O. Yairipok, P.S.
Kasom Khullen, Kasom Khullen Sub-Division,
Kamjong District, Manipur - 795149.
...Petitioner
-Versus-
1. Chairman, Board of Secondary Education, Manipur,
Babupara, P.O & P.S. Imphal, Imphal West District,
Manipur- 795001.
2. State of Manipur, represented by Secretary, Board of
Secondary Education, Manipur, Babupara, P.O. &
P.S. Imphal, Imphal West District, Manipur- 795001.
3. Head Master/Head Mistress, Thambaljao High
School, Uripok, Lamphelpat, Imphal West District,
Manipur- 795004.
.... Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
For the Petitioner :: Mr. Tungrei Ngakang
For the Respondents :: Mr. Irom Denning, Advocate
for R-1 and R-2;
Mr. Dayali Elangbam, Advocate for
R-3
Date of Hearing and
Judgment & Order :: 17.09.2024
WP(C) No. 67 of 2024
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JUDGMENT AND ORDER
(ORAL)
Siddharth Mridul (C.J.),
1. Shri. K.S. Lenminthang alias Lenminthang Keishing
(hereinafter referred to as Petitioner) has approached this Court by
way of the present writ petition under Article 226 of the Constitution
of India essentially seeking a direction to the Board of Secondary
Education, Manipur (hereinafter referred to as "the Board") to
process his name change application as well as to declare the
byelaws relating to change of name as ultra vires the Constitution.
2. It is the petitioner's asseveration that he was born and
brought up at Nambashi Kachumram Village and he did his initial
schooling from Thambaljao High School, Uripok, Imphal West. The
petitioner took admission in the above said school in the year 1993
bearing admission No. 37 Class V, and his name is recorded as
Lenngam Keishing, resident of Nambashi village, Tangkhul Tribe.
The petitioner asserts that his father had named him as "Adriel
Yurthan Keishing" but since his mother belongs to one of the
constituent tribes of Kuki-Zomi, she gave him the nickname as "KS
Lenminthang alias Lenminthang Keishing".
3. In view of the foregoing, it is the petitioner's contention
that owing to an inadvertent mistake, his name was originally
incorrectly recorded as "Lenngam Keishing" in the school record.
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4. However; admittedly; subsequently the petitioner's
name has been reflected as "KS. Lenminthang" in his academic
records including matriculate Admit Card, Marksheet, High School
Leaving Certificate, etc.
5. The petitioner passed the matriculate examination in
the year 1998 from Thambaljao High School which records his
name as "K.S. Lenminthang alias Lenminthang Keishing".
6. The petitioner is desirous of changing his name from
"K.S. Lenminthang alias Lenminthang Keishing" to "Adriel Yurthan
Keishing".
7. The petitioner, therefore, filed an application before
the Board seeking change of name, which application the latter did
not process, in view of the extant bye-laws, which permit change of
name only before the publication of the results of the application
and not otherwise, except upon a direction issued in this behalf by
a Court of law.
8. There is no quarrel with the admitted legal position that
the above issue is no longer res integra, in view of the dictum of the
Hon'ble Supreme Court in Jigya Yadav Vs. CBSE (2021) 17 SCC
535, wherein it has been elaborated as follows :
"Issue 2: whether CBSE Examination Bye-laws imposed
reasonable restriction on exercise of right under Art. 19 of
the constitution? "the core existence of an individual is not
exemplified by her outer characteristics but by her inner
self-identification and also about the significance of the
acquired identity in the form of name. The identity of an
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individual is one of the most closely guarded areas of the
constitutional schemes in India.
Identity 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 his or her name and law must enable her to retain
as well as to exercise such control freely "for all times"
which includes the aspiration of the individual to be
recognised by different name for a just cause. Art. 19(1) (a)
of the constitution provides for a guaranteed right to
freedom of speech and expression which would include the
freedom to lawfully express one's identity in the manner of
their liking. In other word, expression of identity is a
protected element of freedom of expression under the
constitution.
The bye-laws permit change only if permission of
the court has been obtained prior to the publication of the
result. The provision is problematic on certain counts.
First, it is not a mere restriction on the right it is a complete
embargo on the right post publication of result of the
candidate. It failed to take into account the possibility of
need for change of name after publication of result
including the uncertainty of time line required to obtain
such declaration from the court of law due to law's delay
and upon which the candidates has no control whatsoever.
The bye-laws completely overlook this possibility when it
ordains seeking declaration from the court prior to the
publication of result of the examination concerned
conducted by it.
To use administrative efficiency to make it
practically impossible for a student to alter her identity in
the board certificates, no matter how urgent and important
it is, would be highly disproportionate and can be in no
manner be termed as a reasonable restriction.
The court further held that as regards request for
"change" the second possibility is when the request for
change is due to the acquired name by choice at the later
point of time, such change need not be backed by public
documents pertaining to the candidate. However, such
request may be entertained upon insisting for prior
permission/declaration by the court of law in that regard
and publication in the officer Gazette including
surrender/return of original certificate issued by CBSE and
upon payment of prescribed fees."
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9. A plain reading of the above extracted paragraphs
leaves no manner of doubt that every individual enjoys the right of
unfettered choice in so far it relates inter alia to his or her name and
the law enables such an individual to control freely for all times the
freedom to lawfully express their identity in the manner of their
liking. In other words, the extent byelaws cannot preclude the
petitioner from seeking to change his name as he deems-
appropriate. The right so to do is embodied in Article 19 (1) (a) of
the Constitution of India in terms of the decision in Jigya Yadav
and Others. (supra).
10. In view of the foregoing, the present writ petition is
partly allowed. The Board is directed to process the petitioner's
application for change of name from "K.S. Lenminthang alias
Lenminthang Keishing" to "Adriel Yurthan Keishing" expeditiously
and preferably within a period of 6 (six) weeks from today.
11. No further relief is prayed for.
12. With the above direction, the writ petition and the
pending application is disposed of.
JUDGE CHIEF JUSTICE
FR/NFR
Sushil
