The High Court observed that for the purpose of change of name, the students appearing in different education boards across the country comprised one class.
While the Central Board of Secondary Education (CBSE) bye-laws do not contain any restrictions as imposed in the Regulations, the Court deduced that students from UP Board were treated deferentially and discriminated against as regards their right to change of name.
“This constitutes violation of right to equality under Article 14 of the Constitution of India. The restrictions contained in Regulation 40 (ग) are disproportionate and fail the test of reasonable restrictions on fundamental rights under Articles 19(1)(a), 21 and 14 of the Constitution of India. They are arbitrary and infringe the fundamental right to choose and change own’s name vested by virtue of the Constitution of India,” the judge emphasiesd.
In view of the same, the court read down Regulation 40 (ग).
With this the court also noted that the petitioner’s new name gave him a higher sense of self worth, and was within the scope of Regulation 40.
Source: Barandbench
