The Allahabad High Court allowed the writ petition, setting aside the Madhyamik Shiksha Parishad Bareilly’s order refusing correction of the petitioner’s name and gender in educational documents. The Court directed the authorities to issue fresh certificates reflecting the petitioner’s change of gender and name following sex reassignment surgery.
The petitioner was recognized as a transgender person under the 2019 Act and obtained identity certificates under Sections 6 and 7 post gender-affirming surgery (female to male). The petitioner then sought correction of academic records as permitted under Rule 5(3) of the 2020 Rules. The application was rejected based on claims that no procedure existed for name correction at a belated stage and that the Transgender Persons (Protection of Rights) Act, 2019, and associated 2020 Rules did not apply.
The Bench comprising Justice Saurabh Shyam Shamshery observed that the 2019 Act is a special legislation supplementing existing laws. It emphasized Section 20, which mandates that the Act’s provisions operate in addition to other laws. The Court found that the Board erred in ignoring the Act and Rules.
The Court ruled that transgender persons have the right to modify name, gender, and photographs in all official documents, including educational certificates. It held that refusing such correction violates constitutional rights to equality, dignity, and non-discrimination. It cited numerous precedents from the Supreme Court and High Courts supporting strict implementation of the transgender rights law.
The Court set aside the impugned order and directed the authorities to process the petitioner’s application promptly, issuing fresh amended certificates within eight weeks.
Cases referred to:
1. Jane Kaushik vs. Union of India and others, 2025 INSC 1248
2. National Legal Services Authority vs. Union of India and others, (2014) 5 SCC 438
3. Beoncy Laishram vs. State of Manipur and others, 2025 SCC OnLine Mani 430
4. Prithika Yashini vs. TNUSRB, 2015 SCC OnLine Mad 11834
5. Arun Kumar vs. Inspector General of Registration, 2019 SCC OnLine Mad 8779
6. Swapna (Transgender) vs. The State of Tamil Nadu (WP (MD) No. 10882 of 2014)
7. Gowtham Subramaniyam vs. The Controller of Examination (WP No. 7536 of 2017)
8. Shri Vinod H.N. vs. State of Karnataka (WP No. 54037 of 2017)
9. Poojitha B.P. vs. Karnataka Secondary Education Examination Board and others (WP No. 54037 of 2017)
10. Christina Lobo vs. State of Karnataka (WP No. 8024 of 2020)
11. Jeeva vs. State of Karnataka (WP No. 12113 of 2019)
12. X. vs. State of Uttarakhand, 2020 SCC OnLine Utt 652
13. Vedant Maurya alias Kumari Soni vs. State of U.P. and others, 2024:AHC-LKO:69459.
