APHC010695042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35898/2025 Between: Swetha Pakaalapati, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35898 of 2025 O R DE R: 1. The Writ Petition is filed to declare the action of the Respondents in not considering the representations of the Petitioner dated 06.02.2023 and 29.05.2023 seeking correction of the name and gender of the Petitioner in the School Records and Educational Certificates as illegal and arbitrary. 2. The facts leading to filing of the Writ Petition are as follows: The Petitioner was born on 21.05.1986 to Sri Pakalapati Sitaramaiah and Smt. Annapurna in Guntur and was named „Lakshman Kumar Pakalapati.‟ The petitioner pursued schooling at Government Boys School at Guntur and had obtained a Secondary School Certificate vide Roll No. 1358295 in the year 2001. Thereafter, the Petitioner pursued intermediate education at Excel Junior College, Guntur, and thereafter, obtained Bachelor of Technology Degree from Acharya Nagarjuna University in the year 2008. 3. It is stated that due to hormonal issues in the body, the petitioner underwent psychiatric evaluation, hormone therapy, and sex reassignment surgery at Fortis Hospital, Shalimar Bagh, New Delhi, in March 2022, and her gender was changed to „woman‟ from „Man.‟ 3 4. Consequent thereto, the Petitioner had submitted Form-4 under the provisions of the Transgender Persons (Protection of Rights) Act 2019 (for short, „the Act, 2019‟) before the District Magistrate in the prescribed format for change of name and gender in all the legal records. Thereafter, the Petitioner had applied for a change of her name and gender and changed her name to “Lakshmi Swetha Pakalapati” and gender to “woman” from „Man‟ and the same was published in the Gazette of India in weekly Gazettee No. 20 (dated 14.05.2022 to 20.05.2022). 5. Thereafter, the Petitioner again changed her name from “Lakshmi Swetha Pakalapati” to “Swetha Pakalapati” and got the same published in the Gazette of India on 10.02.2024. The Aadhar Card, Pan Card, etc., were also issued in the name of “Swetha Pakalapati.” The application of the petitioner for change of name and gender in the educational records was rejected by the respondent authorities relying on G.O.Ms.No.1263, Education Department, dated 06.05.1961. Questioning the same, the present writ petition is filed. 6. In the Counter Affidavit filed by the Respondent No. 5, the only objection that was raised was that the change of name is not feasible at this length of time as per G.O.Ms. No. 1263, Education Department, dated 06.05.1991. 4 7. Sri V. Chetan Susheel, learned counsel appearing for the Petitioner, while relying on Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act 2019 (for short, „the Act, 2019‟), submits that the Petitioner is entitled to seek a change of name and gender in the educational records, and considering the purport of the Act, the rejection of the same by relying on G.O.Ms.No.1263 Education Department, dated 06.05.1991, cannot be sustained. Learned counsel for the Petitioner further relies upon the judgment of Jigna Yadav rendered by the Hon‟ble Supreme Court. 8. Learned Assistant Government Pleader for School Education submits that there is a limitation of 3 years prescribed in G.O.Ms.No.1263 Education Department, dated 06.05.1991 as amended, to change the name and gender and as the Educational Certificates procured by the Petitioner from the year 2001 onwards, the same cannot be altered at this length of time. 9. Heard the counsel. 10. Section 7 of the Act, 2019, reads as under: “7. Change in gender.—(1) After the issue of a certificate under sub-section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the 5 medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed. (2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed. (3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person: Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act”. 11. As per the above provisions, the District Magistrate issued a certificate on 20.05.2022 in terms of Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, certifying that the petitioner is a „woman‟ and that her name as „Lakshmi Swetha Pakalapati‟. The said certificate further authorises the petitioner to effect change of name and gender in all her official records. This name was further altered to “Swetha Pakalapati” which was punished in the Gazette of India on 10.02.2024. 12. The sole objection raised by the respondent authorities is that, for change of name in the SSC certificate, the application ought to 6 have been made within a period of two/three years. Having regard to the object and intent of the Transgender Persons (Protection of Rights) Act, 2019, the respondent authorities are bound to give full effect to the statutory mandate by carrying out necessary changes in the educational records in terms of the Certificate issued by the District Magistrate under Section 7 of the Act and as altered subsequently as narrated above. In the light of statutory right under Section 7 (3) of the Act, the objection on the basis of an executive order issued vide G.O.Ms.No.1263, dated 06.05.1991, cannot be sustained. 13. Accordingly, the Writ Petition is allowed with the following directions: i) The Respondent Authorities are directed to change the name and gender of the Petitioner in the educational qualifications like SSC and other educational documents in terms of the Certificate issued by the District Magistrate, Guntur, on 20.05.2022 under the provisions of Transgender Persons (Protection of Rights) Rules, 2020 and as amended to „Swetha Pakalapati” as published in Gazette of India on 10.02.2024. ii) There shall be no order as to costs. 7 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 02.02.2026 eha 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35898/2025 Dt. 02.02.2026 eha