HC quashes JKBOSE decision, orders reconsideration of name change in certificates
Srinagar, Sep 15: The High Court of Jammu and Kashmir and Ladakh has directed the Jammu and Kashmir State Board of School Education (JKBOSE) to reconsider a petitioner’s request for a change of name in his educational qualification certificates, overturning the Board’s earlier rejection.
Justice Sanjay Dhar, delivering the judgment, ruled that the right to change one’s name is protected under Articles 19()(a) and 21 of the Constitution of India. The Court relied on the Supreme Court’s landmark judgment in Jigya Yadav (Minor) through Guardian Hari Singh v. Central Board of Secondary Education and Ors (2021), which established that an individual has complete control over their name as an essential aspect of identity.
The petitioner, Mohd Hassan, had challenged JKBOSE’s order dated 24 December 2024, which refused his request to replace the name “Raj Wali” with “Mohd Hassan” in his high school and intermediate certificates. Hassan argued that the recorded name caused him social distress, and he was unable to initiate the correction during childhood due to his parents’ unwillingness.
After completing his graduation, Hassan formally changed his name through due legal process, culminating in a Gazette of India notification dated 15 April 2023. His updated name was subsequently reflected in multiple government-issued documents, including Aadhaar, PAN, Voter ID, Driving Licence, Passport and Domicile Certificate.
Despite this, JKBOSE declined his request, arguing that its regulations permit only correction of transcriptional or typographical errors within a three-year window, and that full name changes were beyond its mandate. The Board also cited earlier precedents relating to corrections of date of birth.
Rejecting these arguments, the High Court observed that documents such as Aadhaar and Passport enjoy a presumption of legal validity and must be treated as sufficient basis for processing name-change requests. The Court further clarified that the three-year limitation applies solely to transcriptional corrections, not to substantive changes in particulars like name or parentage.
Directing the Board to re-examine the application in line with Supreme Court guidelines, the Court held that if the request is approved, the reissued certificates should bear the entry “Raj Wali alias Mohd Hassan” in order to preserve historical records.
The ruling underscores the constitutional guarantee of personal identity and freedom of expression, marking a significant precedent for individuals seeking to align their academic records with their legally recognised names.
The writ petition was accordingly allowed and disposed off.
