Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3770 WP No. 20202 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20202 OF 2022 (S-RES) BETWEEN:
RAUSHAN D/O RAJESH KUMAR AGED 31 YEARS 57, BHAGYA LAKSHMI NILAYA HMT LAYOUT NAGASANDRA MAIN ROAD NAGASANDRA BANGALORE -560073. …PETITIONER (BY SMT. JAYNA KOTHARI, SR. COUNSEL FOR SRI ROHAN KOTHARI, ADV.)
AND:
1.
UNION OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (“MEATY”) STANDARDISATION TESTING AND QUALITY CERTIFICATION DIRECTORATE ELECTRONICS NIKETAN, 6 CGO COMPLEX, LODHI ROAD NEW DELHI- 110003 REP. BY ITS DEPUTY DIRECTOR.
2.
ELECTRONICS TEST AND DEVELOPMENT CENTRE STQC DIRECTORATE MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (“MEATY”) 100 FEET RING ROAD PEENYA INDUSTRIAL ESTATE BENGALURU-560058 REP. BY ITS DIRECTOR.
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3770 WP No. 20202 of 2022
3.
UNION OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT SHASTRI BHAWAN, C WING DR. RAJENDRA PRASAD ROAD NEW DELHI- 110011 REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. SAROJINI MUTHANNA K., ADV. FOR R1 TO R3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO CHANGE THE NAME AND GENDER IN THE SERVICE BOOK OF RESPONDENT AND ALL OTHER EMPLOYEE RECORDS REFLECTING THE PETITIONERS NAME AS RAUSHAN AND GENDER AS FEMALE AND TO ISSUE HER A CORRECTED EMPLOYMENT IDENTITY CARD.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Heard learned senior counsel Smt.Jayna Kothari for Sri.Rohan Kothai, learned counsel for petitioner and
learned counsel Smt.Sarojini Muthanna.K., for respondent Nos.1 to 3. Perused the writ petition papers.
2. Learned senior counsel for petitioner would submit that the petitioner is working as Scientist in the second respondent-Institution and the respondents have failed to change the name of the petitioner from ‘Raj
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NC: 2025:KHC:3770 WP No. 20202 of 2022
Raushan’ to ‘Raushan’ and gender from ‘male’ to ‘female’ in her service records, even after repeated representations. Learned senior counsel would submit that the petitioner is a transwoman and working in the second respondent-Institution. Petitioner submitted representation with all the medical records on 28.10.2020 (Annexure-E) and subsequently on 13.07.2021 (Annexure-N) and Annexure-Q dated 14.12.2021, requesting to change the name of the petitioner as stated above.
3. Learned senior counsel would submit that the name of the petitioner is changed in Aadhar card also and it is submitted that the copy of said changed Aadhar card is placed as Annexure-L. Learned senior counsel would further submit that the subject matter is in correspondence for the last more than five years. The respondents have not taken any decision in the matter of change of name of the petitioner. In that regard, learned senior counsel would invite attention of this Court to Annexure-R dated 12.01.2022 and several
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NC: 2025:KHC:3770 WP No. 20202 of 2022
correspondences. As the respondents have failed to take any action on the representation of the petitioner for change of name, petitioner is before this Court in this writ petition.
4. Per contra,
learned counsel Smt.Sarojini Muthanna.K., for respondent Nos.1 to 3 seeks reasonable time to pass appropriate order on the representations of the petitioner.
5. The petitioner is seeking for a writ of mandamus directing the respondent Nos.1 and 2 to change the name and gender of the petitioner in the service book and all other service records. In that regard, petitioner has made representations as at Annexures-E, N and Q dated 28.10.2020, 13.07.2021 and 14.12.2021 respectively. But, the respondent Nos.1 and 2 have not passed any order either accepting or rejecting the petitioner’s request. The respondent Nos.1 and 2 have legal obligations to consider the request of the petitioner and pass orders in accordance with law. As they have
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NC: 2025:KHC:3770 WP No. 20202 of 2022
failed to pass orders on the representations of the petitioner, the petitioner would be entitled for a writ of mandamus. Hence, the following:
ORDER a) The respondent Nos.1 and 2 are directed to consider the representations as at Annexures-E, N and Q dated 28.10.2020, 13.07.2021 and 14.12.2021 respectively and take a decision on the request of the petitioner within a period of three months from the date of uploading this order on the website of the High Court.
b) With the above, writ petition stands
disposed of.
Sd/- (S.G.PANDIT) JUDGE
NC CT:bms