Patna High Court
Suhani Jain @ KM Suhani @ Suhani @ KU Suhani @ Kumari SuhaniversusThe Bihar Staff Selection Commission
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that publication of the name change in the Gazette of India is sufficient and the respondents must accept the petitioner’s new name, Suhani Jain.
Summary
The petitioner, Suhani Jain (formerly known by various names such as KM Suhani), was appointed as Senior Scientific Assistant (Biology) at the Regional Forensic Science Laboratory, Bhagalpur, but the respondents refused to recognize her new name after she published a name change in the Gazette of India. She filed a writ petition seeking a mandamus directing the respondents to accept her new name, allow her attendance, and pay her salary that had been withheld. The court examined the procedure for name change of government employees, noting the relevant Ministry of Personnel memoranda and the constitutional guarantees of equality, personal liberty and property. It held that publication of the name change in the Gazette satisfies the statutory requirements and the respondents are bound to accept the new name. Consequently, the court ordered the respondents to recognize her as Suhani Jain, allow her to join, and pay the withheld salary within three months.
Issues considered
- Whether a government employee’s change of name effected by Gazette publication is sufficient for official recognition.
- Whether the respondents are obligated to accept the petitioner’s new name without further procedural steps.
- Whether the petitioner is entitled to salary for the period during which her joining was denied.
- Whether the respondents’ refusal violated principles of natural justice and constitutional rights.
Legislation cited
- Constitution of India — s. 14, 21, 300A
Subjects
- name change
- government employee
- gazette notification
- natural justice
- writ of mandamus
- salary
- appointment
- forensic science laboratory
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11987 of 2024
======================================================
Suhani Jain @ KM Suhani @ Suhani @ KU Suhani @ Kumari Suhani W/o -
Vipul Kumar Jain, R/o- 73 Ward No. 6 near Bus Stand, Deyvadiya Mobile
Bada Malahara, P.S. - Bada Malahara, District- Chhatrapur MP- 471311
presently residing at C/o Vipul Kumar Jain 4th Floor Ram Ratan Tower
Sheikhpura Mor South Bailey Road Pillar No. 81 and 82, Post B.B. College,
P.S. Hawaiadda, Patna.
... ... Petitioner/s
Versus
1. The Bihar Staff Selection Commission through its Secretary.
2. The Secretary of Bihar Staff Selection Commission, Patna.
3. The Chairman of Bihar Staff Selection Commission, Patna.
4. Additional Chief Secretary, Home and Police Department Government of
Bihar.
5. The Director, Regional Forensic Science Laboratory, Bhagalpur, Bihar.
6. The Deputy Director, Regional Forensic Science Laboratory, Bhagalpur,
Bihar.
7. The Additional Director, General of Police, Crime Investigation Department,
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kishore Kunal, Advocate
For the Respondent/s : Mr. Prabhat Kumar (AC to GA-11)
Mr. Satyam Shivam Sundaram, Advocate
Mr. Ankit, Advocate
Mr. Aman Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 16-02-2026
Heard learned counsel for the petitioner and learned
counsel for the respondents.
Re:- I.A. No. 1 of 2025
Learned counsel for the petitioner submits that he is
not pressing this interlocutory application.
2. As such, I.A. No. 1 of 2025 stands dismissed as
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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not pressed.
Re:- C.W.J.C No. 11987 of 2024
The present writ petition has been filed with the
following relief/s:-
“I. For issuance of an order, direction or a
writ of mandamus or any other appropriate
writ for directing the respondent authority
to allow the petitioner to discharge her duty
as she holds essential educational
qualification and experience for the Senior
Scientific Assistant Biology and with utmost
dedication & determination discharging her
duty since 08.12.2023 which has been
accepted through office order No. 28/2023
dated 16.12.2023.
II. For issuance of an order, direction or any
appropriate writ for directing the concerned
respondent authority to allow her to make
attendance as she has been prohibited to do
so without any show cause which is in
complete inconsistent with natural justice i.e
Audi Alteram partem (Let the other side be
heard as well).
III. For issuance of an order, direction or
any appropriate writ for directing the
concerned respondent authority to make
payment of the salary to the petitioner as the
same has been hold by the concerned
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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respondent authority since 08.12.2023
without any justifiable reason which is
complete contravention to the article 14, 21
& 300A of Constitution of India.
IV. For issuance of an order, direction or
any appropriate writ for directing the
concerned respondent authority to accept
the name of the petitioner as Suhani Jain as
the same has been published in the Gazette
of India on 27th April, 2024 in compliance
of the letter bearing No. 274 dated
28.02.2024 issued by Superintendent of
Police, Crime Investigation Department,
Bihar.
V. Further for any other relief/s for which
the petitioner be found entitled in the eye of
law.”
2. Learned counsel for the petitioner submits that
the petitioner herein is a Senior Scientific Assistant Biology,
Regional Forensic Science Laboratory, Bhagalpur, Bihar.
Counsel submits that on 20.04.2012, the petitioner joined as
Senior Scientist Officer (Biology) in the office of the Director,
Forensic Science Laboratory, Government of Bihar, Patna on
contractual basis. Thereafter, the petitioner joined as a Assistant
Director (Biology) in the same office on 12.01.2017 and hold
the position till 07.12.2023 which is apparent from the
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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experience certificate issued by the Director Incharge, Office of
the Director, Forensic Science Laboratory, Government of
Bihar, Patna. Counsel further submits that the Bihar Staff
Selection Commission floated the advertisement bearing
Advertisement No. 02 of 2022 dated 24.12.2022 for the post of
Senior Scientist Assistant in which the petitioner was bonafide
applicant and finally by virtue of the said advertisement, she has
been selected. Counsel submits that after due process,
publication of result has been made and the provisional
appointment letter has been issued to the petitioner in the name
of KM. Suhani vide Memo No. 1427 dated 06.12.2023
(Annexure-P/10) by the Additional Director General of Police,
Crime Investigation Department, Bihar. Counsel further submits
that a letter contained in Memo No. 792(1) dated 08.12.2023
has been issued by the Director In-charge, Regional Forensic
Science Laboratory, Bhagalpur for the medical check up of the
petitioner and other persons, wherein, the name of the petitioner
was shown as KM. Suhani. Counsel submits that on 08.12.2023,
a medical certificate has been issued by the Civil Surgeon,
Bhagalpur in the name of Suhani Jain and the same was
accepted by the respondent authority. Counsel submits that the
dispute in crux is that the name of petitioner was used in her
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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different degrees differently and therefore, the petitioner has
submitted application for request to change her name in her
appointment letter. In this regard, the office of Superintendent of
Police, Crime Investigation Department issued a letter to the
petitioner vide Memo No. 274 dated 28.02.2024 (Annexure-
P/16) intimating that different names used at different
documents differently, therefore, a correction has to be made
after being publication of those changes in the Gazette of
Government of India and then only, name should be changed.
Counsel further submits that in the light of the letter issued to
the petitioner, the petitioner has published her name in the
official Gazette of India, in which she has intimated that all the
name which are being used in the different certificates be
changed and from the date of publication in the official Gazette
of India, she shall be known as Suhani Jain. Counsel submits
that thereafter, the petitioner has filed her representation before
the Additional Director General of Police, Crime Investigation
Department, Bihar, Patna which is annexed as Annexure-P/20.
But, on her representation, no decision has been taken.
Thereafter, the petitioner has no option left, but to move before
this Hon’ble Court and filed the present writ petition.
3. Learned counsel appearing for respondent nos. 5
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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& 6 (authorities of Regional Forensic Science Laboratory), on
the other hand, submits that from Annexure- R7/C, it is apparent
that the petitioner has used her name in the High School as KM
SUHANI; in the intermediate as KM SUHANI; in B.SC. as
SUHANI; in M.SC. as KM SUHANI; in UGC NET as MS.
SUHANI JAIN; in the experience certificate as MS. SUHANI
JAIN and in the Aadhar Card as SUHANI JAIN. Therefore,
counsel submits that since there are different names used by the
petitioner at different level, therefore, even after publication in
the official Gazette of India, the department is not inclined to
accept the name of the petitioner as Suhani Jain.
4. In the light of the submissions made, it transpires
to this Court that the contention of the respondent is correct that
in the High School, Intermediate & M.SC., petitioner’s name is
KM SUHANI, in the B.SC., name of petitioner is SUHANI, in
UGC NET & Experience Certificate, name of petitioner is MS.
SUHANI JAIN and in Aadhar Card, name of petitioner is
SUHANI JAIN. But, upon perusal of the columns of father’s
name and mother’s name, there is consistent name of father as
NIHAL CHAND RASIYA or NIHAL CHAND JAIN, and the
mother’s name as SUDHA JAIN or SUDHA RASIYA.
5. It transpires to this Court that different
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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certificates have been obtained at different places. Upon specific
query, learned counsel for the petitioner submits that KM.
Suhani indicates Kumari Miss Suhani and Jain is the original
title, and now, the petitioner uses her name as Suhani Jain.
6. It also transpires to this Court that the Ministry
of Personnel, Public Grievances & Pensions, Department of
Personnel & Training, Government of India dated 12.03.1987
issued Office Memorandum related to change of name by
Government employees. The Ministry of Home Affairs O.M.
No. 60/274-48/Estts. dated 03.11.1948 as amended vide O.M.
No. 87/52-Estts. dated 24.03.1952 lays down the procedure for a
change of name by Government employees. It’s Clause I is very
much relevant which reads as under:-
“I- All cases of addition/deletion or change
in name/surname;
(i) A Government employee wishing to
adopt a new name or to effect any
modification in his/her existing name may
do so, formally by a deed changing his/her
name.
(ii) The execution of the deed should be
followed by publication of the change in a
prominent local newspaper as well as in the
Gazette of India at the Government
employee’s own expense.”
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7. Upon perusal of the Annexure-P/19 of the writ
petition i.e. the official Gazette of India {CG-DL-W-27042024-
253886} [New Delhi, Saturday, April 27 - May 3, 2024, (Part
IV), Advertisements and Notices issued by Private Individuals
and Private Bodies], the publication has been made by the
petitioner as like this:-
“I hitherto known as KM SUHANI alias
SUHANI alias KU SUHANI alias KUMARI
SUHANI D/o Late NIHAL CHAND W/o
VIPUL KUMAR JAIN, R/o 73 Bus Stand K
Pass, Deyvadiya Mobile Ward No 06 Bada
Malahara, Distt. Chhatarpur-471311, have
changed my name and shall hereafter be
known as SUHANI JAIN.
It is certified that I have complied with other
legal requirements in this connection.
KM SUHANI alias SUHANI alias KU
SUHANI alias KUMARI SUHANI
[Signature (in existing old name)]”
8. The petitioner has published her name in the
official Gazette of India as ‘Suhani Jain’. Whereas, others name
about which the Forensic department raised objection, has
already mentioned and disclosed. Therefore, this Court hereby
directs the contesting respondent officials i.e. Regional Forensic
Science Laboratory, Bhagalpur (Respondent nos.5 & 6) and the
Patna High Court CWJC No.11987 of 2024 dt.16-02-2026
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Additional Director General of Police, Crime Investigation
Department, Bihar, Patna (Respondent no.7) to accept the name
of the petitioner as Suhani Jain in place of any other names, as
the name of the petitioner has been published in the official
Gazette of India (Annexure-P/19) about which, this Court has
mentioned hereinabove.
9. Accordingly, this writ petition stands allowed
treating the petitioner from today as Suhani Jain. It is directed to
the Respondent nos.5, 6 & 7 to accept the joining of the
petitioner with immediate effect and also directed to make
payment to her during the period they have not accepted her
joining. All the exercise shall be done within three months from
today.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 21/02/2026
Transmission Date NA
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