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To Have A Name And To Express It In The Manner One Wishes Is A Part Of Right To Freedom Of Speech And Expression’: Kerala HC

Case Title: Kashish Gupta (M) v. CBSE & Ors.

Case No.: WP (C) No. 7489/2020 

Quorum: Justice Bechu Kurian Thomas 

Appearance: Advocate KR Vinod (for Petitioners); Advocate S Nirmal (for Respondents)

Background:

In the backdrop, the State of Kerala had accepted the Petitioner’s wish to change her name and effected a Gazette notification to that effect in 2017, pursuant to which change of name was carried out in the birth certificate, and other Government issued documents of the Petitioner.

However, by the time the aforesaid processes were completed, the Petitioner had written her All India Secondary School Examination in 2018 and a certificate was issued to her by the CBSE in her former name, based on the records available with the school.

Subsequently, her application for change in name, moved through the Principal of the School, was rejected by the CBSE, citing Rule 69.1 (i) of the Examination by laws.

The said provision stipulates 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”
Thus, stating that the application for change in name was made after publication of the result, the same could not be entertained.

HELD

The observation has been made by Justice Bechu Kurian Thomas, in a writ petition preferred by a young girl, seeking a direction to the CBSE to allow her application for change in name.

The court observed that the State or its instrumentalities cannot stand in the way of use of any name preferred by an individual or for any change of name into one of his choice based on a “hyper-technicality” except to the extent prescribed under Article 19(2) or by a law which is just, fair and reasonable.

It was held that “Subject to the limited grounds of control and regulation of fraudulent or criminal activities or other valid causes, a bonafide claim for change of name in the records maintained by the authorities ought to be allowed without hesitation.”

The court went on to place reliance on the Supreme Court’s ruling in Pentiah v. Mudalla Veeramallappa, (AIR 1961 SC 1107) and it stated,”Normally the word “and” is to be given its literal meaning as a conjunctive. However, if the use of the word “and” conjunctively, produces an unintelligible or absurd result, then the court has the power to read the word “and” as “or” or vice versa so as to give effect to the intention of framers of the rule”.

In the present case, the Gazette notification intimating the change in name of the Petitioner had been published in the year 2017, before the publication of the examination result by the CBSE in year 2018. The court thus held that the condition prescribed under Rule 69.1 (i) had been complied with inasmuch as the Gazette notification was published and thus the board was obliged to allow the petitioner’s request.

The court remarked that the Petitioner could not be deprived of her Fundamental Right to a name of her own choice based on a “hyper- technicality”.

Also the court held that the “Name is an expression of one’s individuality, one’s identity and one’s uniqueness. Name is the manner in which an individual expresses himself to the world at large. It is the foundation on which he moves around in a civil society. In a democracy, free expression of one’s name in the manner he prefers is a facet of individual right”.

By Priyanka of SPPU