STATE OF U.P. Vs. MD. SAMEER RAO

JUDGEMENT

(1.) State of U.P., U.P. Board of High School and Intermediate Education (for short the 'Board') and its Regional Secretary are in intra court appeal under Chapter VIII Rule 5 of the High Court Rules, 1952 assailing the validity of the judgment and order dtd. 25/5/2023 whereby the learned Single Judge, while allowing Writ-C No. 3671 of 2022 (Md Sameer Rao Vs. State of U.P. and 2 others), has set aside the order dtd. 24/12/2020 passed by the Regional Secretary of the Board and has also issued a writ of mandamus commanding the respondents of the writ petition to allow the application of the writ petitioner to change his name from 'Shahnawaz' to 'Md Sameer Rao' and, accordingly, issue fresh High School and Intermediate Certificates incorporating the said change. Learned Single Judge has also issued various other directions like surrender of public documents of identity like Adhar card, Ration card, Driving Licence, Passport, Voter I.D. card etc to the competent authorities with a direction to them to register the change of name, dispose off or destroy the earlier identity documents as per law and issue fresh documents consistent with his changed name. Learned Single Judge has also issued a direction to the Secretary, Ministry of Home, Government of India and the Chief Secretary, Government of U.P., Lucknow to create appropriate legal and administrative framework to ensure that both Governments work in concert to achieve the end of making identity related identity documents removing anomalies therein.

(2.) Admittedly, the writ petitioner Md Sameer Rao was earlier known as Shahnawaz. He appeared in and cleared the High School and Intermediate Examinations conducted by the Board, respectively in the year 2013 and 2015 by the same name. He had all identity cards issued in his name as Shahnawaz. Copies of Adhar card and PAN card were brought on record of the proceedings. In the year 2020, based upon some newly issued Adhar card and PAN card in the name of Md. Sameer Rao and also a gazette notification published in Gazette of India bearing Gazette No. 39 New Delhi, Saturday, September 26 - October 2, 2020 (Asvina 4, 1942) Part-IV, Page 1091, he approached the Board to incorporate his new name in the High School and Intermediate Certificates and issue new certificates having his name printed as 'Md. Sameer Rao'. The said application was rejected by the Regional Secretary of the Board by order dtd. 24/12/2020 on the ground that as the case fell with the category of 'time barred matter' and, as per Regulation 7 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 (for short the Act, 1921), request for change cannot be considered after a period of three years. It is this order which was challenged by the writ petitioner and has been set aside by the learned Single Judge and is impugned in the instant appeal.

(3.) THE ORDER dtd. 24/12/2020 IMPUGNED BEFORE THE LEARNED SINGLE JUDGE