Allahabad High Court Orders UP Govt To Issue Fresh Educational Certificates With Post-Surgery Name & Gender Of Transgender Person

Noting that the Transgender Persons (Protection of Rights) Act, 2019 is a special Act whose provisions are in addition to, and not in derogation of any existing law, the HC directed the concerned authorities to issue fresh documents reflecting changes after sex-change surgery.

A bench of Justice Saurabh Shyam Shamshery allowed the writ petition filed by Sharad Roshan Singh, who had sought correction of name and gender in academic records after undergoing gender-affirming surgery.

Singh had applied before the Education dept after obtaining identity certificates under Sections 6 and 7 of the 2019 Act read with the 2020 Rules. This was after the petitioner had undergone a surgery to change gender (Female to Male).

However, the Regional Secretary of Madhyamik Shiksha Parishad rejected Singh's request in April this year stating that no procedure for correction of name in educational documents at a very belated stage was available. It was also stated that the provisions of the 2019 Act and 2020 Rules were not applicable in the case.

The Court, however, found this reasoning to be legally unsustainable.

It observed that the 2019 Act being a Special Act, its Section 20 makes it explicit that its provisions operate in addition to existing laws. Therefore, it noted that the Board committed a legal error by refusing to apply the Act and Rules.

The Court further noted that under Rule 5(3) read with Annexure-1, a person is entitled to seek change of gender, name and photographs in all official documents, including in any educational certificate issued by a School, Board, College, University or any such academic Institution.

Justice Shamshery also relied on a long line of decisions from the Supreme Court and multiple High Courts all of which affirm strict implementation of the Act and Rules to prevent discrimination against transgender persons.

The single judge also referred to the Supreme Court's remarks in case of Jane Kaushik vs UOI 2025 LiveLaw (SC) 1018 wherein the Top Court had said that the failure of the appropriate Government to formulate inclusive policies, constitute redressal mechanisms and ensure safe and equitable access to educational and employment opportunities, constitutes not a mere administrative lapse but a violation of the constitutional rights.

Thus, setting aside the impugned order, the High Court directed the authorities to act strictly in accordance with the Act, 2019 and Rules, 2020.

It directed the authorities to process the petitioner's application and make the necessary and required changes in petitioner's educational records and then issue fresh mark sheets and certificates within eight weeks.