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Synopsis

The Uttarakhand High Court has directed the state government to promptly address a proposal from the Uttarakhand School Education Board seeking amendments to its regulations concerning the name and gender changes of transgender individuals in educational certificates.

The bench of Justice Manoj Kumar Tiwari emphasized that the delay by the state in responding to this proposal is against public interest and contrary to the spirit of the Transgender Persons (Protection of Rights) Act, 2019.

The direction was issued in a matter where the petitioner, Shreyansh Singh Bisht, who underwent sexual reassignment surgery in 2020, requested that his name and gender be updated on his High School and Intermediate Examination certificates. The District Magistrate had given the petitioner a certificate and identification card in exercise of his statutory powers.

The School Education Board however denied the petitioner's request, citing Clause 27 of Chapter-12 of the Regulations framed by the Board, which only permits name changes in specific circumstances, such as when the name is deemed obscene or disrespectful.

The high court criticized the Board's reliance on outdated regulations, highlighting that Regulation 27 was established before significant legal advancements in transgender rights, including the Supreme Court's landmark ruling in National Legal Services Authority v. Union of India and the enactment of the Transgender Persons (Protection of Rights) Act, 2019.

Court noted that these developments necessitate a reinterpretation and amendment of the existing regulations to align with the current legal framework.

As a result, court set aside the Board's rejection of the petitioner's request and directed the Secretary of the School Education Department to take a decision on the proposed amendments within three weeks.

The Board is then required to reconsider the petitioner’s application in accordance with the law.