Bombay High Court permits petitioner to restore birth name after discrepancies in school records | File Photo
Mumbai, Nov 29: Coming to the rescue of a 32-year-old man who was caught between parental choices and inconsistent records, the Bombay High Court has permitted him to restore his birth name. The court noted that here, “the first name of the petitioner was recorded when he was born,” and school records reflected a completely different name that had never been formally changed.
Court Calls Case ‘Peculiar’
While the court held that a person cannot seek a name change merely out of preference, it allowed in this case, terming it as “peculiar”.
Petitioner Approached Court at Age 18
A division bench of Justices Ravindra Ghuge and Ashwin Bhobe, on November 26, allowed the man’s petition, who had approached the court in 2011, soon after turning 18. He had sought correction of his educational records. His birth certificate — issued shortly after his birth in Mumbai — recorded a Hindu first name and listed his parents under their original names. His parents had married in a church after the father adopted a new name and religion, and later divorced, with the petitioner remaining in the mother’s custody.
Mismatch Between Birth and School Records
Despite the details on the birth certificate, the petitioner’s school records — including the school leaving certificate, SSC certificate and HSC certificate — identified him under a different Christian first name and father’s Christian name. His religion too was recorded inconsistently.
Attempts for Correction Before Authorities Failed
He executed an affidavit and published a name-change notice in the state gazette. He then approached his college principal and the Deputy Director of Education for correction of names in the official records. With no action taken, he moved the High Court. The court initially allowed him to appear for the HSC examination under the name reflected in his school records but denied interim relief.
High Court Orders Fresh Certificates With Birth Name
Calling the matter “peculiar”, the bench observed that while individuals cannot change their names merely because they prefer another, the petitioner’s situation was unique: the name on the birth certificate had never been formally altered, but his school records had reflected a different name from the time of admission.
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Direction to Boards and Institutions
Allowing the petition, the court directed all concerned schools, colleges and the SSC / HSC boards to issue fresh certificates reflecting the name recorded on the birth certificate within 30 days of receiving applications.
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