Right to Change Name in Educational Certificates

Source: High Court of Jammu & Kashmir and Ladakh 

Why in News? 

The High Court of Jammu & Kashmir and Ladakh in the case of Mohd. Hassan v. UT of J&K & Ors. (2025) delivered a significant judgment affirming the fundamental right to change one's name in educational certificates. 

•  Justice Sanjay Dhar allowed the petition and directed the educational board to reconsider the petitioner's request for name change from "Raj Wali" to "Mohd Hassan" in his educational qualification certificates. 

What was the Background of Mohd. Hassan v. UT of J&K & Ors. (2025) Case? 

• The petitioner's original name was Raj Wali, as recorded in his educational certificates including High School and intermediate certificates issued in 2016. 
  The petitioner was aggrieved by his name as friends made fun of it, but during childhood, his parents were unwilling to change it. 
• After completing graduation, the petitioner initiated the legal process to change his name from Raj Wali to Mohd Hassan. 
• He obtained a Gazette notification dated 15th April 2023 from the Department of Publication, Ministry of Housing and Urban Affairs, Government of India, officially declaring his name change. 
• Subsequently, his name was changed in other official documents including Aadhar Card, PAN Card, Voter ID Card, Driving License, Passport, and Domicile Certificate. 
• The petitioner applied to the J&K Board of School Education for name change in his educational certificates with all relevant documents. 
• The Board rejected his application vide Order No. F(Certs-B) JD/2024 dated 24th December 2024, citing that the request was beyond the mandate of the Correction Committee and that he had approached after the prescribed three-year period. 

What were the Court's Observations? 

• Constitutional Rights: The Court emphasized that the right to change name is a facet of fundamental rights guaranteed under Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life and personal liberty) of the Constitution. 
• Identity and Expression: The Court observed that "identity is an amalgam of various internal and external including acquired characteristics of an individual and name can be regarded as one of the foremost indicators of identity." 
• Legal Precedent: The Court extensively relied on the Supreme Court judgment in Jigya Yadav (Minor) v. Central Board of Secondary Education & Ors. (2021), which established that individuals must have complete control over their names. 
• Board Regulations Interpretation: The Court held that Notification dated 6th February 1995 should be interpreted in a manner that does not infringe fundamental rights, stating that while reasonable restrictions on frequent name changes are permissible, a blanket ban is not legally sustainable. 
• Distinction Between Correction and Change: The Court clarified the difference between "correction" (rectification of typographical errors with a three-year limitation) and "change" (wholesale change of particulars without time limitation). 
• Statutory Documents: The Court directed that statutory documents like Aadhar card, PAN card, and Passport should be considered for name changes in educational certificates. 

What is the Right to Change Name? 

Constitutional Foundation: 

• The right to change name is recognized as a fundamental right under Article 19(1)(a) (freedom of speech and expression). 
• It also falls under Article 21 (right to life and personal liberty). 
• Identity expression is a protected element of freedom of expression under the Constitution. 

Legal Recognition: 

• Name is considered an expression of individuality, identity, and uniqueness. 
• It is the foundation on which an individual moves around in civil society. 
• In a democracy, free expression of one's name is a facet of individual right. 

Supreme Court Guidelines in Jigya Yadav Case: 

• Individuals must have complete control over their names at all times. 
• Change in identity must go through proper legal steps including state recognition. 
• Educational boards must consider requests based on public documents with legal presumption.