PRAYAGRAJ: In a landmark order upholding transgender rights, the Allahabad HC has directed the UP education department to issue fresh mark sheets and certificates with necessary changes to an applicant who underwent gender reassignment surgery. Justice Saurabh Shim Shamsheri allowed the petition filed by Sharad Roshan Singh and set aside the April 8 order passed by regional secretary of Madhyamik Shiksha Parishad Bareilly rejecting his request to change his name. The refusal was motivated by the fact that the relevant regulations and orders of the government do not provide for the procedure for correcting the name in education documents at a late stage. The authorities also said that the provisions of the Transgender Persons (Protection of Rights) Act, 2019 along with the Rules, 2020 do not apply to him. However, the concerned District Magistrate has already issued an identity card under Section 6 of the 2019 Act officially recognizing Sharad’s post-surgery gender reassignment. He subsequently applied to have his education certificates amended to reflect his new name and gender. However, on April 8, 2025, the regional secretary rejected his application. In its judgment delivered on Thursday, the court observed, “The Transgender Persons (Protection of Rights) Act, 2019 is a special law. Section 20 of the Act provides that its provisions shall be in addition to, and not in derogation of, any other law for the time being in force. Therefore, the respective respondents (State Education Authorities) committed an error of law in not applying the provisions of the Act, 2019 in favor of the petitioner.“ Appearing for the petitioner, senior advocates HR Mishra and Chitrangada Narayan referred to SC and HC verdicts to uphold the petitioner’s right to change his name after gender reassignment.
