Anvi Karmakar v. The Union Of India And ORS

26.09.2025 Court No.23 DL/Item No.-18 [Milan]

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA 13588 of 2025 Anvi Karmakar versus The Union of India & Ors.

Ms. Afrean Begum, Mr. Ankan @ Ankani Biswas, Ms. Swastika Chowdhury, Mr. Dip Dutta, Mr. Anish Goswami ....for the petitioner

1. Affidavit of service filed in Court today is taken on record.

2. Despite service, none represents the respondents.

3. The instant writ petition has been filed by the petitioner, inter alia, seeking direction upon the respondents to issue a revised Secondary and Higher Secondary Certificate and documents pertaining to the same reflecting the petitioner's present name and gender identity as Anvi Karmakar in place of earlier name Abhijit Karmakar.

4. It is the specific case of the petitioner that he underwent for gender affirmation surgery. Now he became she after affirmation of surgery, and executed an affidavit changing her name from Abhijit Karmakar to Anvi Karmakar

5. She has already changed her name in Government documents viz., Aadhar Card, PAN Card, Electoral Voter Card, Digital Ration Card in her new name.

6. She also prayed before the respondent no.3 being Regional Officer, CBSE with an application for change of her name and gender in CBSE records on the basis of the aforesaid documents as well as Kolkata Gazette published on 22nd July, 2024.

7. It is submitted by the learned advocate for the petitioner that there is no impediment to change her name and gender in School Certificates by the CBSE.

8. The learned advocate for the petitioner has also relied upon a judgment reported in case of Jigya Yadav (Minor) (through Guardian/Father Hari Singh) vs. Central Board of Secondary Education & Ors.

reported in (2021) 7 SCC 535.

9. In the said judgment, the Hon'ble Supreme Court has directed the CBSE to process the application for correction or change as the case may be in the Certificate issued by it in the respective cases under consideration.

10. Having heard and considering the submission made on behalf of the petitioner as also the judgment referred by the petitioner, this Court is of the view with full satisfaction that she has every right to change her name and gender in School Certificates issued by CBSE on the basis of Government

documents as well as on the Gazette notification dated 22nd July, 2024.

11. In view of the above facts and circumstances, the respondent no.3 being the Central Board of Secondary Education, CBSE Regional Officer is directed to change her name in the relevant documents as prayed for, in view of the representation dated 15th May, 2025 vide annexure P-6.

12. With the above observations, the writ petition being WPA 13588 of 2025 is accordingly disposed of.

13. There shall, however, be no order as to costs.

14. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof.

15. The learned advocate for the petitioner is directed to communicate this order to the respondents along with the writ petition together with all annexures for compliance.

16. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities (Ajay Kumar Gupta, J.)