Right To Change Name Is A Fundamental Right, Education Board Cannot Reject Request Without Considering Statutory Documents: J&K&L High Court

The Jammu & Kashmir High Court held that the right to adopt or change one's name is a facet of the fundamental rights guaranteed under the Constitution, and the Education Board cannot arbitrarily reject such requests without due consideration of statutory documents.

A bench of Justice Sanjay Dhar observed that the right to adopt or change a name is a fundamental right of a citizen and it cannot be curtailed by imposing a blanket ban on change of particulars in educational records.

The court was hearing a petition filed by Mohd. Hassan (earlier Raj Wali) challenging Order issued by the Board, whereby his request for change of name in his High School and Intermediate certificates had been rejected.

The court clarified that the three-year limitation period prescribed in the 2009 Notification applies only to correction of errors in educational records and not to requests for change of particulars such as name, parentage, or surname.

Finding the rejection unsustainable, the Court quashed the impugned order and directed the Board to re-examine the petitioner's claim in accordance with law and If found valid, the Board was instructed to issue fresh certificates/mark-sheets in the name of “Raj Wali alias Mohd. Hassan.”

Referring to Jigya Yadav v. CBSE, the Court emphasized that statutory documents like Aadhaar, PAN, Passport, and Gazette Notifications must be given due consideration when dealing with such requests.

Background

The petitioner's original name “Raj Wali” was recorded in his educational certificates. He submitted that he was aggrieved by the name as it became a subject of ridicule among peers, but could not change it during childhood due to parental objection. After completing graduation, he initiated the process of formally changing his name to Mohd. Hassan.

He applied to the Department of Publication, Ministry of Housing and Urban Affairs, Government of India, which published a Gazette Notification on 15.04.2023 recording the change of name. Following this, his updated name was reflected in official documents including Aadhaar, PAN, Voter ID, Driving Licence, Passport, and Domicile Certificate.

However, despite these statutory changes, the Board rejected his request to alter his educational certificates.

Case Title : Mohammad Sidiq Lone v. Union Territory of J&K & Ors.

For Petitioner: Mr. Abid Khan, Advocate.

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