Freedom to choose name is a part of a citizen's constitutional right: Kerala HC in Kashish Gupta v CBSE and ors W.P (C) No. 7489 of 2020 - Synopsis
Lakshay Parmar 5 May 2020

Freedom to choose name is a part of a citizen's constitutional right: Kerala HC

Case: Kashish Gupta v CBSE and ors W.P (C) No. 7489 of 2020

A Kerala High Court bench held on Thursday in a significant judgment that having a name and saying the same thing in the manner one wishes is definitely part of the right to freedom of speech and expression under Article 19(1)(a) and part of the right to freedom under Article 21 of the Indian Constitution.

Justice Bechu Kurian Joseph's bench was hearing a petition in which the petitioner who wanted a name change applied for the same and the State of Kerala affected a Gazette Notice to the same effect in 2017. By the time the name change process was over, the petitioner had completed her All India Secondary School Examination in 2018, but her name was changed by the school authorities based on the certificates issued.

When the School Authorities appealed to the CBSE for a petitioner's name change, it declined on the ground that, as per rule No. 69.1(i) Bye-Laws Review, the name change could not be made because the petitioner had already written her exams.

The said provision stated that, “Applications regarding changes in name or surnames of candidates will be considered, provided the changes have been admitted by the court of law and notified in the Government Gazette before the publication of the result of the candidate.

However, the High Court observed that "State or its instrumentalities cannot stand in the way of the use of any name preferred by a person or for any change of name to one of his choices except to the extent specified by Article 19(2) or by a law that is lawful, equitable and rational." Furthermore, the Bench observed that Clause 69(1)(i) of the CBSE bye laws provides for two circumstances. First case is where the name change happens before the candidate's result is written, and second where the Court directs.

Furthermore, the bench contented, “The word “and” in the sentence ‘Court of Law and notified in the Government Gazette before the publication of the results of the candidate; if used as a conjunctive does not make any sense. If the word “and” in the above referred sentence is used as a conjunctive it will convey a meaning that even after a Court of Law accepts a change of name, the same to attain validity, must be notified in the Government Gazette. That will be an absurdity. There is no prescription under any law for the time being in force that once a Court of law accepts a name, the same to attain validity must be published in the Government Gazette. Admission by a Court of law as regards a change of name is undoubtedly an order in rem declaring to the world that the name of a person has been changed. Notification of change of name by publication in the Government Gazette is another method to convey to the world that there is a change of name. Both are different methods and not supplementary to each other.”

The bench therefore held that it is clear in the present case that the petitioner's change of name was published in the Government Gazette on 12-12-2017, while the petitioner's result for her All India Secondary School Examination was published on 29-5-2018. "So, if the petitioner's name change was published in the Government Gazette prior to reporting its verdict, CBSE was liable to correct the name change.

Further, the bench instructed the Regional Officer, CBSE, Thiruvananthapuram to correct the petitioner's name from Dinky Gupta to Kashish Gupta in the CBSE certificate within six weeks.

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