Minor Abhiroop Kundu, Represented By His Guardian Jatindra Nath Mondal v. Union Of India And ORS.
S/L 5 27.01.2026 Court. No. 25 suvayan WPA 26000 of 2025 Minor Abhiroop Kundu, represented by his guardian Jatindra Nath Mondal Vs.
The Union of India & Ors.
Mr. Malay Bhattacharjee Mr. Subhrojyoti Ghosh ...for the petitioner.
Mr. Ranjan Kumar Sinha Mr. Shaunak Ghosh ...for the respondents.
1.
The petitioner has filed the present writ application praying for a direction upon the respondents/authorities for correction of name in the Aadhaar Card of the minor as Abhiroop Kundu instead of Subhrodeep Kundu.
2. Learned counsel for the petitioner submits that in the birth certificate the name of minor is recorded as Subhrodeep Kundu alias Abhiroop Kundu. In the 10th pass certificate also name of the minor recorded as Abhiroop Kundu. In the 10th pass certificate, the domicile certificate and the Other Backward Classes certificate issued by the authorities the name of the minor recorded as Abhiroop Kundu. He further submits that the grandfather of the minor also executed an affidavit before the learned Judicial Magistrate, First Class, Alipore stating that the name of the minor is Abhiroop Kundu but inadvertently in the Aadhaar Card the name of minor is recorded as Subhrodeep Kundu.
3. The petitioner has aspirant of appearing in the NEET Examination but when the petitioner has filed the
application for appearing in the NEET Examination, the application was not accepted by the authority on the ground that the name of the petitioner is not matching in the Aadhaar Card. Accordingly, he has made representation to the concerned authority for correction of the name of the minor in the Aadhaar Card having no. 645467025164 as Abhiroop Kundu instead of Subhrodeep Kundu but in spite of representation submitted by the petitioner the authorities have not corrected the name of the minor in the Aadhaar Card as Abhiroop Kundu instead of Subhrodeep Kundu.
4. Learned counsel for the petitioner submits that today is the last date of submitting the application for appearing in the NEET Examination and as such he prays for a direction upon the authority for correction the name of the petitioner in the Aadhaar Card as Abhiroop Kundu instead of Subhrodeep Kundu.
5. Learned counsel appearing for the respondents/authorities referred Clause 39 of the said Schedule wherein it is mentioned that for exception cases of name change Gazette notification of new of name along with any supporting proof of identification document of old name with photograph is required. But in the present case the petitioner has not filed any document in terms of Clause 39 of the guidelines and as such it is not possible for the authority to correct the name of the petitioner as Abhiroop Kundu instead of Subhrodeep Kundu.
6. Learned counsel for the petitioners draws the attention of this Court to the notification dated August 22, 2022 issued by the Government of West Bengal, Public Enterprises and Industrial Reconstruction Department wherein guidelines for publication in the Kolkata Gazette Part-II has been prescribed. In the said notification the purpose is mentioned as follows:
<(1) Purpose: Through Kolkata Gazette Part-II, the resident of State of West Bengal will be able to notify change of name, surname including deletion of surname, reversion to maiden name on divorce/separation/death of the husband, religion and gender. This will be applicable to government employee as well. Further, the Advocate in the Bar Council of West Bengal can notify their enrolment through Gazette Part II notification.= <(2) Who all can be applicants:
(a) A person attaining the age of 18 years and above who is a domicile of West Bengal and in respect of bar Council, an advocate who desires to be enrolled under the Bar Council of West Bengal.
(b) The State Government employee who wishes to adopt or effect any modification in his/her existing name/surname.
(c) In case of female government employee addition/change in surname on account of marriage/remarriage.
(d) In case of female government employee deletion of surname or reversion to maiden name on divorce/separation or death of the husband.=
7. Learned counsel for the petitioner submits that the petitioner is a minor and has not attained the age of 18 years and as such he cannot apply for Gazette notification. Learned counsel for the petitioner submits that the petitioner has submitted all the documents showing that the name of the petitioner is Abhiroop Kundu but unfortunately, in the Aadhaar Card the name of the petitioner recorded as Subhrodeep Kundu instead of Abhiroop Kundu.
8. Considered the submission made by the learned counsel for the respective parties.
9. This Court finds that in the birth certificate of the minor the name of the minor is recorded as Subhrodeep Kundu alias Abhiroop Kundu and in the 10th pass certificate, the domicile certificate and the Caste certificate issued by the competent authorities the name of the minor as recorded as Abhiroop Kundu. The grandfather of the petitioner also affirmed the affidavit before the Judicial Magistrate wherein he is categorically stated the name of the grandson is Abhiroop Kundu.
10. Considering the above, the respondent no. 2 is directed to consider the application submitted by the petitioner dated October 28, 2025 along with the above mentioned document and to pass appropriate order for correction of the name of the petitioner in the Aadhaar Card having no. 645467025164 issued in the name of Subhrodeep Kundu having date of birth August 10, 2008 within a period of one week from the date of receipt of this order.
11. WPA 26000 of 2025 is disposed of.
12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Krishna Rao, J.)