MUHAMMAD SAHIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Mr. Shri Ram Pandey, learned advocate appears on behalf of petitioner and submits, his client obtained educational certificates in his earlier name, 'Kamil Khan'. He has since, by following prescribed schedule, changed his name to 'Muhammad Sahil'. There has been gazette notification and presently his client is known by latter name.

(2.) His client applied for change of name in his educational certificates. By impugned letter dtd. 16/12/2024, passed by the District Inspector of Schools (DI), his application was rejected. He relies on view taken by a learned single Judge of this Court on order dtd. 2/12/2020 in Writ-C no.19287 of 2020 (Kabir Jaiswal Vs. Union of India and four others). He submits, right to change one's name is a fundamental right of expression. Refusal by the DI to make the change is in violation of his client's fundamental right. The refusal cannot be said as based on any law envisaged under article 19(1)(2) in the Constitution of India. He seeks interference.

(3.) Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel appears on behalf of State and submits, the procedure does not allow for change of name in petitioner's educational certificates. Long after obtaining the educational certificates he has had his name changed. He cannot seek retrospective change in his educational certificates. The procedure allows only for correction. Post issuance of the certificates, at this time, there is no procedure for change of name in petitioner's certificates.