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Allahabad HC Affirms Individuals’ Right to keep or Change Names Based on Personal Preference

Allahabad HC

In a significant ruling, the Allahabad High Court has declared that individuals possess the constitutional right to retain or modify their names based on personal preferences.

A single-judge Justice Ajay Bhanot made the observation on a writ petition filed by one Sameer Rao. The petition challenged the denial by the UP Madhyamik Siksha Parishad to amend Rao’s name in his high school and intermediate examination certificates.

The single bench ordered the UP Madhyamik Siksha Parishad to allow the petitioner to change his name from “Shahnawaz” to “Mohammad Sameer Rao” and to issue new high school and intermediate certificates reflecting the change.

“The authorities arbitrarily rejected the application for change of name and misdirected themselves in law. The action of the authorities violates the fundamental rights of the petitioner guaranteed under Article 19(1)(a), Article 21 and Article 14 of the Constitution of India,” the order stated.

The name of the petitioner, “Shahnawaz,” was mentioned in the examination certificates issued in 2013 and 2015. However, in 2020, the petitioner publicly revealed that his name had been changed to “Mohammad Sameer Rao.”

Subsequently, he submitted an application to modify his name in the certificates, but the regional secretary of the Madhyamik Shiksha Parishad’s Bareilly office rejected the request. Dissatisfied with the decision, the petitioner approached the high court.

 

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About the Author: Nunnem Gangte