LUCKNOW: In a landmark judgement, the Allahabad High Court has upheld the right of transgender people to get their name and gender changed in official documents. The HC directed the UP education department to amend the documents of the petitioner to reflect the correct name and gender.
The court ordered that fresh marksheets and certificates be issued to the petitioner who had undergone a surgery for a gender change from female to male.
Allowing the writ petition filed by Sharad Roshan Singh, the single judge bench comprising Justice Saurabh Shyam Shamshery set aside the impugned (under challenge) order dated April 8, 2025 passed by the regional secretary, Madhyamik Siksha Parishad, Bareilly. The application of the petitioner for change of name had been rejected on the ground that relevant provisions and government orders do not provide any procedure for correction of name in educational documents at a very belated stage and provisions of the Transgender Persons (Protection of Rights) Act, 2019 read with Rules, 2020 are not applicable.
The petitioner was recognized as a transgender person under the aforesaid Act of 2019. Under section 6 of the Act of 2019, the district magistrate had issued a certificate of identity.
Subsequently, the petitioner had undergone a surgery for a gender change and under section 7 of the Act, a certificate was issued by the district magistrate in a prescribed format.
The petitioner then filed an application for change of name in the educational documents under Rule 5 (3). However, by means of the impugned order dated April 8, 2025, the regional secretary, Madhyamik Siksha Parishad, rejected the application on the aforesaid grounds.
Appearing on behalf of the petitioner, senior advocate HR Mishra and Chitrangada Narayan relied on various judgments of the apex court and high courts of other states to assert the right of the petitioner to get his name changed after the gender change.
In his judgment dated November 6, Justice Saurabh Shyam Shamshery said: “The Transgender Persons (Protection of Rights) Act, 2019 is a special Act. Therefore, the concerned respondents (education authorities of the state) have committed a legal error by not applying the provisions of the Act of 2029 in favour of the petitioner.”
The court said that under Rule 5(3) and Annexure-1 of the Act, transgender persons could modify all official documents including educational certificates, which could be updated to reflect their correct name, gender, and photograph. The bench emphasised that government inaction infringed upon the constitutional rights of equality, dignity, and non-discrimination guaranteed to transgender individuals.
Consequently, the court set aside the April 8, 2025, order. It instructed the state government and the Board to complete the necessary amendments and issue updated certificates within eight weeks.