Religion change in school certificates should be allowed after conversion: Kerala High Court

The Kerala High Court recently observed that a person's request for change of religion in the academic records cannot be denied on the ground of absence of legal provisions for it [Lohith S & Anr v State of Kerala & Anr] ..Justice VG Arun observed that necessary corrections will have to be made in the records after change of religion."Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth. The freedom to practice and profess any religion of one’s choice is guaranteed by Article 25(1) of the Constitution. If a person embraces another religion by exercising that freedom, necessary corrections will have to be made in his records," the Court said..The petitioners, who were born to Hindu parents and themselves also followed Hinduism, converted to Christianity in May 2017. After their baptism, they sought to amend their school certificates to reflect their new religion.However, their request was denied by the Controller of Examinations, citing the absence of a specific provision for such changes in school certificates..The petitioners challenged this decision in the Court, arguing that even in the absence of a provision, the High Court is vested with ample power under Article 226 of the Constitution of India.However, the Government Pleader opposed the plea and relied on certain Government Orders to buttress his case. .The Court rejected the government's opposition and relied upon an earlier ruling delivered in a case with similar facts. "As rightly observed in Ext.P10 judgment, refusal to carryout the correction will have an adverse impact on the future of the applicants. Moreover, such rigid approach militates against the Constitutional guarantee also," it said..The Court thus set aside the Controller of Examination’s order and directed the authority to make changes to the petitioners' school certificates within a month..The petitioners were represented by advocate T K Ananda Krishnan.Senior Government Pleader Deepa Narayanan appeared for the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.