ISSUE
Whether the Court should order the Board to entertain Poojitha’s application for a change of name and gender in her educational documents?
KEY FACTS
Poojitha is a transgender woman who wanted to change her name and gender in her educational record. She had obtained fresh identity documents, such as an Aadhaar card and a passport, indicating her name and gender after undergoing sex-reassignment surgery.
Even after 3 months, the Karnataka Secondary Education Examination Board (‘Board’) failed to respond to her request. She filed a petition before Karnataka High Court requesting the court to direct the Board to respond.
DECISION & REASONING
Poojitha relied on Shri Vinod H.N. v. State of Karnataka, a similar case where the same court had directed the Board to respond to the petitioner’s request. The counsel for the Board agreed that they would respond to Poojitha if she makes another representation.
The court held that the Board shall consider the representation made by Poojitha along with necessary documents. Further, it directed the Board to conduct an inquiry, if required.
The court asked Poojitha to submit the required evidence again to the Board within 15 days. It directed the Board to carry out the necessary changes in appropriate documents within 3 months from the date of order.
SIGNIFICANCE
This judgment maintained a transgender persons right to self-identify their gender identity and obtaining documents to reflect any change in sex and name.