Allahabad High Court Sets Aside Order Restraining Schools From Correcting Name And Gender Of Trans Person In Certificates
The Allahabad High Court was considering a Writ Petition against an order rejecting the Application for correction of name of a trans person in documents.
The Allahabad High Court has set aside an order issued by Shiksha Parishad restricting schools from correcting the names and gender of trans persons in documents/ certificates.
The Court was considering a Writ Petition against an order passed by Regional Secretary, Madhyamik Shiksha Parishad, Bareilly, rejecting the application for correction of name in documents.
The Bench of Justice Saurabh Shyam Shamshery observed, "Section 20 of Act, 2019 provisions that provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. Therefore, concerned respondent has committed a legal error by not applying provisions of Act, 2019 in favour of petitioner."
The Petitioner was represented by Advocate Ashwani Kumar Sharma, while the Respondent was represented by Central Standing Counsel.
Facts of the Case
The District Magistrate concerned, in terms of Section 6 of the Transgender Persons (Protection of Rights) Act 2019, issued a Certificate of Identity to the Petitioner.
Subsequently, Petitioner underwent a surgery to change gender (Female to Male) and further in terms of Section 7 of Act, 2019 read with Rule 6 of Rules, 2020 a Certificate was issued by District Magistrate concerned in a prescribed format.
It was the case of the Petitioner that subsequently, an Application was filed to change the name in educational documents in terms of Rule 5(3). However, by means of the impugned order, the same was rejected.
Reasoning By Court
The Court noted that there is no dispute that Petitioner was entitled to file Application in terms of Rule 5(3) of Rules, 2019 read with its Annexure-1 to change gender, name and photographs in all official documents.
It remarked that the Respondent-State didn't bring on record any other judgment which could contradict application of provisions of Act, 2019 read with Rules, 2020.
Reliance was placed on recent Supreme Court ruling in Jane Kaushik vs. Union of India and others, 2025 INSC 1248.
The Petition was accordingly allowed.
Cause Title: Sharad Roshan Singh v. State of U.P. and 3 others (2025:AHC:194936)
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