SHIVANYA PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Aman Khan, learned counsel for petitioner and learned Standing Counsel for the State.

(2.) Present writ petition is filed by the petitioner Shivanya Pandey praying that respondent no.2 Board of High School and Intermediate Education, Allahabad (U.P.) (U.P. Board) may be directed by this Court to change name and gender of the petitioner in her matriculation mark-sheet and thereafter, respondent no.3 Council for the Indian Schools Examination, New Delhi (CISE Board) may also change the name and gender in the mark-sheet of intermediate of the petitioner. Further a mandamus is also sought commanding the respondent no. 2 and 3 respectively to amend their regulations and guidelines with regard to change of gender and names.

(3.) Facts of the case are that petitioner with her earlier name as Vikas Pandey and gender as male appeared and passed High School on 10.06.2011 from the Children Academy Public School, Lucknow affiliated to the U.P. Board and Intermediate in the year 2013 from the Lucknow Public Collegiate, Lucknow affiliated to the CISE Board. Petitioner was suffering from gender dysphoria and, therefore, underwent gender reassignment surgery on 23.10.2017 from male to female at Fortis Hospital, New Delhi. On 27.05.2017, petitioner got published a gazette notification in respect of change of her name from 'Vikas Pandey' to 'Shivanya Pandey' and gender from 'male' to 'female'. Petitioner also got an adhar card and pan card issued in her new name and gender i.e. Shivanya Pandey, female. With the change of name and gender, petitioner now required change of the same in her school certificates also. For the said purposes, on 04.06.2017, petitioner applied for the change in her High School mark-sheet and certificates. The form required to be filled up for the said purposes had columns for change of name and other details but was silent about the change in gender. Petitioner approached different authorities and Director, Ministry of Social Justice and Empowerment, New Delhi also sent a letter dated 22.06.2017 to the Secretary, U.P. Board requesting them to change petitioner's name and gender. Since, all the required documents were provided by the petitioner, the principal of Children Academy Public School also wrote a letter dated 03.07.2017 to the Secretary, U.P. Board requesting for a change in petitioner's name and gender. The Secretary, U.P. Board by a letter dated 14.07.2017 sought a clarification from the State Government as neither the rules nor the Intermediate Education Act, 1921 had any provisions with regard to these new circumstances. On a reminder of the Director, Ministry of Social Justice and Empowerment, New Delhi, Director of Secondary Education, U.P. also issued a letter dated 17.08.2017 to the State Government requesting it for taking appropriate measures in the matter. Meanwhile, the Secretary, U.P. Board by letter dated 07.09.2017 also required the petitioner to submit her medical certificate with regard to the gender change issued by the Chief Medical Officer. The State Government vide letter dated 15.07.2017 also communicated its decision and required the Secretary, U.P. Board to consider the case of petitioner. The matter in the aforesaid background was placed before the Examination Committee of the U.P. Board. The Examination Committee in its meeting dated 10.01.2018 decided that changes of name and gender as requested by the petitioner cannot be made as neither the Intermediate Education Act, 1921 nor regulations framed there under contain any such provision. The decision of the Examination Committee was communicated to the petitioner by letter dated 27.01.2018. By letter dated 02.02.2018 original mark-sheet of the petitioner was also returned to her without affecting any changes. In the said background petitioner has approached this Court with the prayers aforesaid.