Vihaan Peethambar filed a case regarding issuance of fresh/revised degree certificate reflecting his name as ‘Vihaan Peethambar’, gender as ‘Male’, and sought direction for universities in Karnataka to update degree certificates of Transgender Persons to reflect the change in their name and gender identity and to provide revised degree certificates to transgender persons based on applications made by them without having to approach the Courts.
On 14th June 2023, a writ petition was filed by CLPR on behalf of Petitioner who is a Transgender Person. The Petitioner was awarded a postgraduate degree in MS Communication in the year 2008 by Manipal University. The Petitioner was assigned female at birth and underwent gender reassignment surgeries in 2015 and thereafter changed his name and gender to ‘Male’ vide publication in Official Kerala Gazette Notification dated 02.05.2017.
Subsequently, petitioner applied to concerned authorities for change of name and gender in PAN Card, AADHAR card, Voter ID, Passport etc., which was granted. He had also obtained change of name and gender in his Bachelor Degree Certificate from Mahatma Gandhi University. Referring to same, petitioner submitted representation to Manipal University for change of name and gender in Post Graduate Degree Certificate. This request was rejected by Manipal University vide it’s reply to petitioner’s email dated 27.05.2017 on ground that change would be enabled only for short duration after Degree Certificate was issued.
The High Court of Karnataka allowed the case and directed educational institutions not to compel Transgender Persons to approach Courts for change in name and gender in educational certificates and directed educational institutions in Karnataka to follow guidelines laid down by Hon’ble Supreme Court of India.
The High Court also said that there are innumerable such instances awaiting consideration before Universities/Educational Institutions and it would be appropriate for the said authorities to process applications for change of name and gender upon receiving requests following the ratio laid down by Hon’ble Supreme Court in NLSA’s case and by Karnataka High Court in Christina Lobo’s case instead of driving all applicants to Court for securing directions.
Accordingly, the Court permitted the Petitioner to file a representation along with his original Marks card and degree certificate to Manipal University Registrar within a month and directed university to process his request in accordance with established legal precedents within four weeks.
Accordingly, the case was disposed of.