Transgender persons should not be forced to move court for name or gender changes in degree certificates: Karnataka High Court

The Karnataka High Court recently impressed upon educational institutions to process applications of transgender persons for changes in name and gender in degree certificates and not force trans persons to approach the Court for such matters [Vihaan Peethambar v. Manipal University & Others]..Justice Ravi V Hosmani made the observation after the Court was told that there are several such applications pending before educational institutions. ."Since it is brought to notice of this Court that there are innumerable such instances awaiting consideration before Universities/Educational Institutions, it is observed that would be appropriate for said authorities to process applications for change of name and gender upon receipt of requests keeping in mind ratio laid down by Hon'ble Supreme Court in NLSA's case (supra) and this Court in Christina Lobo's case (supra) instead of driving all applicants to Court for securing directions," Justice Hosmani said. .The Court was hearing a petition filed by a transman for the issuance of a fresh master's degree certificate reflecting a change in his name and gender. The plea also sought a direction to universities to update the degree certificates of transgender persons on the basis of applications filed by trans persons.The petition was filed by one Vihaan Peethambar who had requested the Manipal University for changes to the name and gender on his college certificate after he underwent gender reassignment surgeries in 2015. This request was rejected by the Manipal University on the ground that such changes could be made only within a short duration after the issuance of the degree certificate..Peethambar, therefore, moved the High Court for relief. He submitted that the matter is already covered by the decision of Supreme Court in National Legal Services Authority vs. Union of India and Others and the High Court’s decision in Christina Lobo v. State of Karnataka..Manipal University and the State responded by assuring the Court that the petitioner's request could be considered in light of the NALSA judgment once he returned the original degree certificate and mark cards. While considering the case, the Court also noted that the petitioner has already obtained a change of name and gender in his Bachelors degree certificate and other public records. .With regard to the masters degree, 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.“Upon receipt of same, respondent no.1 - University shall consider it for taking action as per ratio laid down by Hon'ble Supreme Court in NLSA's case (supra) and Christina Lobo's case (supra), within four weeks thereafter,” the Court ordered. .Senior Advocate Jayna Kothari and advocate Naveen Chandra represented the petitioner.Advocates Vinay N and Manmohan PN represented the Manipal University.Advocate Mamatha Shetty represented the State government..[Read Order]