PRAYAGRAJ: In a landmark order upholding the rights of transgender persons, Allahabad HC has directed UP education department to issue fresh marksheets and certificates with the required changes to a petitioner who underwent gender transition surgery. Justice Saurabh Shyam Shamshery allowed the petition filed by Sharad Roshan Singh and set aside the order dated April 8, passed by the regional secretary of Madhyamik Shiksha Parishad, Bareilly, which had rejected his plea for a name change. The rejection was on the ground that the relevant provisions and government orders did not provide a procedure for name correction in educational documents at a belated stage. Authorities had also stated that provisions of Transgender Persons (Protection of Rights) Act, 2019, read with the Rules, 2020, were not applicable to him. However, the district magistrate concerned had, under Section 6 of the 2019 Act, already issued a certificate of identity, officially recognizing Sharad’s gender transition after surgery. Subsequently, he requested modification of his educational certificates to reflect his new name and gender. However, the regional secretary rejected his application on April 8, 2025. In its judgment delivered on Thursday, the court observed, “Transgender Persons (Protection of Rights) Act, 2019 is a special Act. Section 20 of the Act provides that its provisions shall be in addition to, and not in waiver of, any other law for the time being in force. Therefore, the concerned respondents (education authorities of the state) committed a legal error by not applying the provisions of the Act of 2019 in favor of the petitioner., Appearing for the petitioner, senior advocates HR Mishra and Chitrangada Narayan cited verdicts of SC and HCs to assert petitioner’s right to have his name changed after gender reassignment.
