Suhani Jain @ Km Suhani @ Suhani @ Ku Suhani @ Kumari Suhani v. The Bihar Staff Selection Commission
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11987 of 2024 ====================================================== Suhani Jain @ KM Suhani @ Suhani @ KU Suhani @ Kumari Suhani W/o - Vipul Kumar Jain, R/o- 73 Ward No. 6 near Bus Stand, Deyvadiya Mobile Bada Malahara, P.S. - Bada Malahara, District- Chhatrapur MP- 471311 presently residing at C/o Vipul Kumar Jain 4th Floor Ram Ratan Tower Sheikhpura Mor South Bailey Road Pillar No. 81 and 82, Post B.B. College, P.S. Hawaiadda, Patna.
... ... Petitioner/s
Versus
1.
The Bihar Staff Selection Commission through its Secretary. 2.
The Secretary of Bihar Staff Selection Commission, Patna. 3.
The Chairman of Bihar Staff Selection Commission, Patna. 4.
Additional Chief Secretary, Home and Police Department Government of Bihar.
5.
The Director, Regional Forensic Science Laboratory, Bhagalpur, Bihar. 6.
The Deputy Director, Regional Forensic Science Laboratory, Bhagalpur, Bihar.
7.
The Additional Director, General of Police, Crime Investigation Department, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kishore Kunal, Advocate For the Respondent/s :
Mr. Prabhat Kumar (AC to GA-11) Mr. Satyam Shivam Sundaram, Advocate Mr. Ankit, Advocate Mr. Aman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.
Re:- I.A. No. 1 of 2025 Learned counsel for the petitioner submits that he is not pressing this interlocutory application.
2. As such, I.A. No. 1 of 2025 stands dismissed as
2/9 not pressed.
Re:- C.W.J.C No. 11987 of 2024 The present writ petition has been filed with the following relief/s:- "I. For issuance of an order, direction or a writ of mandamus or any other appropriate writ for directing the respondent authority to allow the petitioner to discharge her duty as she holds essential educational qualification and experience for the Senior Scientific Assistant Biology and with utmost dedication & determination discharging her duty since 08.12.2023 which has been accepted through office order No. 28/2023 dated 16.12.2023.
II. For issuance of an order, direction or any appropriate writ for directing the concerned respondent authority to allow her to make attendance as she has been prohibited to do so without any show cause which is in complete inconsistent with natural justice i.e Audi Alteram partem (Let the other side be heard as well).
III. For issuance of an order, direction or any appropriate writ for directing the concerned respondent authority to make payment of the salary to the petitioner as the same has been hold by the concerned
3/9 respondent authority since 08.12.2023 without any justifiable reason which is complete contravention to the article 14, 21 & 300A of Constitution of India.
IV. For issuance of an order, direction or any appropriate writ for directing the concerned respondent authority to accept the name of the petitioner as Suhani Jain as the same has been published in the Gazette of India on 27th April, 2024 in compliance of the letter bearing No. 274 dated 28.02.2024 issued by Superintendent of Police, Crime Investigation Department, Bihar.
V. Further for any other relief/s for which the petitioner be found entitled in the eye of law."
2. Learned counsel for the petitioner submits that the petitioner herein is a Senior Scientific Assistant Biology, Regional Forensic Science Laboratory, Bhagalpur, Bihar. Counsel submits that on 20.04.2012, the petitioner joined as Senior Scientist Officer (Biology) in the office of the Director, Forensic Science Laboratory, Government of Bihar, Patna on contractual basis. Thereafter, the petitioner joined as a Assistant Director (Biology) in the same office on 12.01.2017 and hold the position till 07.12.2023 which is apparent from the
4/9 experience certificate issued by the Director Incharge, Office of the Director, Forensic Science Laboratory, Government of Bihar, Patna. Counsel further submits that the Bihar Staff Selection Commission floated the advertisement bearing Advertisement No. 02 of 2022 dated 24.12.2022 for the post of Senior Scientist Assistant in which the petitioner was bonafide applicant and finally by virtue of the said advertisement, she has been selected. Counsel submits that after due process, publication of result has been made and the provisional appointment letter has been issued to the petitioner in the name of KM. Suhani vide Memo No. 1427 dated 06.12.2023 (Annexure-P/10) by the Additional Director General of Police, Crime Investigation Department, Bihar. Counsel further submits that a letter contained in Memo No. 792(1) dated 08.12.
2023 has been issued by the Director In-charge, Regional Forensic Science Laboratory, Bhagalpur for the medical check up of the petitioner and other persons, wherein, the name of the petitioner was shown as KM. Suhani. Counsel submits that on 08.12.2023, a medical certificate has been issued by the Civil Surgeon, Bhagalpur in the name of Suhani Jain and the same was accepted by the respondent authority.
5/9 different degrees differently and therefore, the petitioner has submitted application for request to change her name in her appointment letter. In this regard, the office of Superintendent of Police, Crime Investigation Department issued a letter to the petitioner vide Memo No. 274 dated 28.02.2024 (AnnexureP/16) intimating that different names used at different documents differently, therefore, a correction has to be made after being publication of those changes in the Gazette of Government of India and then only, name should be changed.
Counsel further submits that in the light of the letter issued to the petitioner, the petitioner has published her name in the official Gazette of India, in which she has intimated that all the name which are being used in the different certificates be changed and from the date of publication in the official Gazette of India, she shall be known as Suhani Jain. Counsel submits that thereafter, the petitioner has filed her representation before the Additional Director General of Police, Crime Investigation Department, Bihar, Patna which is annexed as Annexure-P/20. But, on her representation, no decision has been taken. Thereafter, the petitioner has no option left, but to move before this Hon'ble Court and filed the present writ petition.
3. Learned counsel appearing for respondent nos. 5
6/9 & 6 (authorities of Regional Forensic Science Laboratory), on the other hand, submits that from Annexure- R7/C, it is apparent that the petitioner has used her name in the High School as KM SUHANI; in the intermediate as KM SUHANI; in B.SC. as SUHANI; in M.SC. as KM SUHANI; in UGC NET as MS. SUHANI JAIN; in the experience certificate as MS. SUHANI JAIN and in the Aadhar Card as SUHANI JAIN. Therefore, counsel submits that since there are different names used by the petitioner at different level, therefore, even after publication in the official Gazette of India, the department is not inclined to accept the name of the petitioner as Suhani Jain.
4. In the light of the submissions made, it transpires to this Court that the contention of the respondent is correct that in the High School, Intermediate & M.SC., petitioner's name is KM SUHANI, in the B.SC., name of petitioner is SUHANI, in UGC NET & Experience Certificate, name of petitioner is MS. SUHANI JAIN and in Aadhar Card, name of petitioner is SUHANI JAIN. But, upon perusal of the columns of father's name and mother's name, there is consistent name of father as NIHAL CHAND RASIYA or NIHAL CHAND JAIN, and the mother's name as SUDHA JAIN or SUDHA RASIYA.
5. It transpires to this Court that different
7/9 certificates have been obtained at different places. Upon specific query, learned counsel for the petitioner submits that KM. Suhani indicates Kumari Miss Suhani and Jain is the original title, and now, the petitioner uses her name as Suhani Jain.
6. It also transpires to this Court that the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India dated 12.03.1987 issued Office Memorandum related to change of name by Government employees. The Ministry of Home Affairs O.M. No. 60/274-48/Estts. dated 03.11.1948 as amended vide O.M. No. 87/52-Estts. dated 24.03.1952 lays down the procedure for a change of name by Government employees. It's Clause I is very much relevant which reads as under:- "I- All cases of addition/deletion or change in name/surname;
(i) A Government employee wishing to adopt a new name or to effect any modification in his/her existing name may do so, formally by a deed changing his/her name.
(ii) The execution of the deed should be followed by publication of the change in a prominent local newspaper as well as in the Gazette of India at the Government employee's own expense."
8/9
7. Upon perusal of the Annexure-P/19 of the writ petition i.e. the official Gazette of India {CG-DL-W-27042024253886} [New Delhi, Saturday, April 27 - May 3, 2024, (Part IV), Advertisements and Notices issued by Private Individuals and Private Bodies], the publication has been made by the petitioner as like this:- "I hitherto known as KM SUHANI alias SUHANI alias KU SUHANI alias KUMARI SUHANI D/o Late NIHAL CHAND W/o VIPUL KUMAR JAIN, R/o 73 Bus Stand K Pass, Deyvadiya Mobile Ward No 06 Bada Malahara, Distt. Chhatarpur-471311, have changed my name and shall hereafter be known as SUHANI JAIN.
It is certified that I have complied with other legal requirements in this connection.
KM SUHANI alias SUHANI alias KU SUHANI alias KUMARI SUHANI [Signature (in existing old name)]"
8. The petitioner has published her name in the official Gazette of India as 'Suhani Jain'. Whereas, others name about which the Forensic department raised objection, has already mentioned and disclosed. Therefore, this Court hereby directs the contesting respondent officials i.e. Regional Forensic Science Laboratory, Bhagalpur (Respondent nos.5 & 6) and the
9/9 Additional Director General of Police, Crime Investigation Department, Bihar, Patna (Respondent no.7) to accept the name of the petitioner as Suhani Jain in place of any other names, as the name of the petitioner has been published in the official Gazette of India (Annexure-P/19) about which, this Court has mentioned hereinabove.
9. Accordingly, this writ petition stands allowed treating the petitioner from today as Suhani Jain. It is directed to the Respondent nos.5, 6 & 7 to accept the joining of the petitioner with immediate effect and also directed to make payment to her during the period they have not accepted her joining. All the exercise shall be done within three months from today.
(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 21/02/2026 Transmission Date NA