HC directs UP govt to issue updated post-surgery educational documents to transgender petitioner

Prayagraj, Nov 9 (PTI) Upholding the rights of transgender people to update their gender and name, the Allahabad High Court directed the Uttar Pradesh education department to issue fresh documents to them after sex change surgery.

Justice Saurabh Shyam Shamshery set aside an order by the Regional Secretary, Madhyamik Siksha Parishad, Bareilly, which rejected the petitioner's application for name and gender change on educational documents.

The education department order, which was under challenge in the high court, rejected the petitioner's application on the ground that relevant government provisions do not provide any procedure for correction of names in educational documents "at a very belated stage".

Provisions of the Transgender Persons (Protection of Rights) Act, 2019, read with Rules, 2020, are also not applicable, said the department order.

Allowing the writ petition filed by Sharad Roshan Singh, the high court asked the Madhyamik Siksha Parishad to issue a fresh educational marksheet and certificates after he had a surgery to change his sex from female to male.

The petitioner was recognised as a transgender person under the Transgender Persons Act, 2019, and the district magistrate had issued a certificate of identity under Section 6 of the Act, the court said.

"Subsequently, the petitioner had filed an application for change of name in the educational documents in terms of Rule 5 (3). However, by means of the impugned order dated April 8, 2025, the Regional Secretary, Madhyamik Siksha Parishad, rejected his application on the aforesaid grounds," it said.

Appearing on behalf of the petitioner, senior advocates HR Mishra and Chitrangada Narayan relied on various judgments of the Supreme Court and high courts of other states to assert the right of the petitioner to get his name changed.

In his judgment on Thursday, the court said, "The Transgender Persons (Protection of Rights) Act, 2019, is a special Act. Section 20 of the Act, 2019 provides 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, the concerned respondents (education authorities of the state) have committed a legal error by not applying the provisions of the Act of 2029 in favour of the petitioner," the order said. PTI COR RAJ SKY SKY