The Allahabad High Court has ruled that a person seeking to change their name in board examination certificates must first obtain a decree from a Civil Court. The court held that simply updating Aadhaar and PAN cards is insufficient for the Board to approve a name change.
A bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra clarified that acquiring a new name is governed by Chapter VI of the Specific Relief Act, 1963. A person must obtain a civil court declaration stating that they will be known by their new name from the date of the decree. The ruling prevents an endless cycle of name changes based solely on updated identification documents.
Case Background
The case involved a petitioner named Shahnawaz, whose name appeared in all High School and Intermediate mark sheets. In 2020, after obtaining an Aadhaar and PAN card in the name of “Md. Sameer Rao” and publishing a gazette notification, he requested the Uttar Pradesh Board of High School and Intermediate Education to change his name in academic records.
The Board rejected the application under Regulation 7 of Chapter III of the U.P. Intermediate Education Act, 1921, which restricts name changes beyond three years from passing the examination. The petitioner challenged this in the High Court, where a Single Judge ruled in his favor, citing Article 21 of the Constitution, which guarantees the right to choose one’s name. The State Government appealed against this ruling.
High Court’s Rationale
Referring to the Supreme Court ruling in Jigya Yadav (Minor) vs. CBSE & Others, the High Court noted that each name change request must be examined on a case-by-case basis. It observed that while some name corrections are permissible under educational board regulations, changes involving a newly acquired name require legal validation.
The court emphasized that a civil court decree is legally binding, whereas a gazette notification is merely a public announcement with no enforceable authority. Furthermore, the court cited Section 34 of the Specific Relief Act, which allows individuals to seek a legal declaration of their new name, and Section 41 of the Evidence Act, which supports the conclusive nature of court judgments regarding personal identity.
Key Takeaways
Name changes in board certificates require a Civil Court decree, not just updates to Aadhaar and PAN cards.
Gazette notifications do not carry the same legal authority as a court decree.
Single Judges lack jurisdiction to declare board regulations unconstitutional; only a Division Bench can do so.
With this ruling, the Allahabad High Court has reinforced the legal framework surrounding name changes, ensuring that official records maintain consistency and legal validity.
