Uttarakhand HC orders State to expedite transgender name and gender changes on educational certificates [Read Order]

Uttarakhand: The Uttarakhand High Court has issued a significant order directing the state government to promptly address proposals for amending regulations regarding name and gender changes on educational certificates for transgender individuals.

Justice Manoj Kumar Tiwari heard a writ petition filed by Shreyansh Singh Bisht, who sought changes to his name and gender on high school and intermediate examination certificates following gender reassignment surgery.

The court noted that the petitioner had undergone sexual reassignment surgery in 2020 and possessed an identity card issued by the District Magistrate under the Transgender Persons (Protection of Rights) Act, 2019. However, the Uttarakhand School Education Board rejected his application to change his name and gender on educational certificates.

Rejecting the Board’s grounds for denial, the court held: “The ground taken for rejecting the petitioner’s application cannot be sustained in the eyes of the law. Regulation 27, which was relied upon by respondent no. 2 for rejecting the petitioner’s application, was incorporated in the statute book before the judgment of the Hon’ble Supreme Court in the case of National Legal Services Authority (supra). Parliament has also stepped in to protect the rights of transgender persons.”

The court further emphasized the need for updating regulations, stating: “In view of these developments, Regulation 27 cannot remain static. The Uttarakhand School Education Board, which is responsible for incorporating changes in the name/sex of a student in the certificates, has recognized the rights of transgender persons and has submitted a proposal seeking permission to amend the Regulations. The State Government, however, is sitting tight over the matter. Delay on the part of the State Government is against public interest and the spirit of the Transgender Persons (Protection of Rights) Act, 2019.”

Directing prompt action, the court ordered: “The Secretary, School Education Department, Government of Uttarakhand, is directed to take a decision on the proposal submitted by respondent no. 2 on 26.08.2023 and 05.02.2024 in light of the spirit of the Transgender Persons (Protection of Rights) Act, 2019, and the Rules framed thereunder, within three weeks from the date of production of a certified copy of this order. Respondent no. 2 shall thereafter reconsider the petitioner’s application, as per law, within two weeks.”

In conclusion, the court set aside the rejection order, allowed the writ petition, and directed the state government to swiftly address the proposed amendments to regulations concerning transgender individuals’ educational certificates, emphasizing the importance of aligning with the Transgender Persons (Protection of Rights) Act, 2019.

 [Read Order]