Milind Vinod Seth v. State of Maharashtra

1. This matter is listed in the “prioritised cases” category keeping in view that it is pending final hearing for 14 years.

2. On 25.11.2025, this matter was briefly heard and considering the conspectus of the matter, we listed the same today for disposal.

3. The learned Advocate for the Board seeks an adjournment. We are rejecting the request since this matter is pending for 14 years and a very short issue is involved. Moreover, the Board is not a contesting Respondent, keeping in view the peculiar facts of the case.

4. The Petitioner was 18 years old when he approached this Court in 2011. His mother Sheila P. George professes the christian religion. She is from Kerala. The Petitioner’s father Vinod Seth is a Hindu. A marriage was solmanised solemnised between Vinod and Sheila on 27th January, 1992 in a church when the Petitioner’s father embraced Christianity and changed his name from Vinod Seth to Thomas Seth. The marriage was solemnised on 27th January, 1992. The couple got divorced through a decree of divorce dated 26.10.2007, in Petition No. A-1269 of 2005, before the Family Court, Mumbai. The Petitioner and his younger brother remained in the custody of the mother at the time of divorce.

5. The birth certificate of the Petitioner dated 6.7.1993, indicates the date of birth at Bombay as 22.5.1993. The registration date is 26.6.1993. The Registration No. is 4028. The name of the Petitioner at the time of registration was mentioned as ‘Millind’. The name of the father is mentioned as ‘Vinod Seth’. The name of the mother is mentioned as ‘Shaila’(wrongly mentioned as her name admittedly was Sheila).

6. On 25.6.2009, the Head Mistress of St. Joseph Secondary School, Orlem, Malad (West), Mumbai issued a School Leaving Certificate No. 7461. The name of the Petitioner is mentioned as ‘Gregory Thomas’. The religion professed by him is mentioned as ‘Hindu’. The same name is mentioned in the SSC and HSC Certificates. The Petitioner entered an affidavit by approaching the Competent Authority for seeking change in the name from Gregory Thomas to Millind Vinod Seth. The same was published in Maharashtra Gazette which carries a disclaimer clause as “Government accepts no responsibility as to the authenticity of the contents of the notice”.

7. The Petitioner therefore, approached the Principal of the Bhavan’s College for seeking change in name through an Advocate’s notice dated 9.9.2011. The Petitioner himself also addressed a letter dated 31.10.2011 to the Deputy Director of Education, Greater Mumbai Region, praying for a direction to the Bhavan’s College to change his name.

8. Since the Petitioner’s efforts fetched him no relief, he approached this Court. The matter was admitted by this Court on 28.11.2011 and Interim Relief was refused. However, the Petitioner was permitted to fill in the HSC Examination form in his present name i.e. Gregory Thomas.

9. We are conscious of the Full Bench Judgment of this Court in Janabai d/o. Himmatrao Thakur v/s. State of Maharashtra & Ors. (2019 (6) Mh. L.J. 769), wherein this Court has concluded in paragraph No. 39 (a) to (d) as under: “a) An application for alteration in the entries in the General Register is permissible, with the previous permission of the appropriate authority at any time when the pupil is attending the school. (b) No application for alteration in the figure of date of birth is permissible, after the student has left secondary school, except correction in the nature of 'obvious mistakes' as indicated in Clause 26.[3] i.e. of a nature where the date of a particular month which does not exist in the calendar and likewise.

(c) Thus, in light of the above, an application for change in the name, surname or caste, either due to reasons / cause unnoticed before or even occurring subsequently, being errors which fall within the category of 'obvious mistakes', can be made, even after the student has left school in light of the language of Clause 26.[3] in the manner as indicated by Appendix Six in the forms as prescribed in the S.S. Code.

(d) For the purposes like admission to another educational institution, in cases of obvious mistakes as prescribed in Clause 26.4, a change/ correction in the school leaving certificate, so as to make the entry consistent with the corresponding entries in the General Register of the School is permissible, which in fact is in consonance with (c) above.”

10. The learned Advocate for Board, on instructions, vehemently opposes the Petition and prays that the Petition deserves to be dismissed with heavy costs. She however, fairly states that if this Court allows the Petition, the verdict of this Court may not be treated as a precedent.

11. This is a peculiar case. The Petitioner is an unfortunate person. His parents entered into a special marriage and later parted ways in view of a divorce decree. It was a choice of the Petitioner as to what his name could be. However, no litigant can be permitted to change his name by choice, merely because he may not like a particular name or that he may fancy a particular name. The peculiar fact in this case is that the Petitioner’s name at the time of his birth was recorded in the Certificate of Birth as ‘Millind’. His father’s name is recorded as ‘Vinod Seth’ and not ‘Thomas Seth’, which he adopted at the time of getting married to a Christian lady. His entire school record indicates that his religion is Hindu. In these circumstances, without laying down a precedent and in the peculiar facts of this case, it is clear that the first name of the Petitioner was recorded when he was born and the certificate of birth indicates his name as ‘Millind’ and the name of his father is mentioned as ‘Vinod’ with the surname as ‘Seth’. Apparently, when he was admitted in School, without effecting any change in his name, father’s name and surname in the certificate of birth, his name was entered in the school as ‘Gregory Thomas’. It is in these circumstances that we are accepting the request of the Petitioner.

12. As such, this Petition is allowed. We permit the Petitioner to make applications in the School and College in which he has taken education, for seeking change of the name to ‘Millind Vinod Seth’. A copy of this Judgment obtained from the Official Website of the Bombay High Court shall also be tendered. Similarly, he would make a request to the Secondary and Higher Secondary Board for seeking change in his name, along with the copy of the order of this Court.

13. We direct the concerned Schools, the Colleges and the SSC, HSC Board to issue him fresh documents/SSC and HSC Certificates/mark memos, etc. with the name ‘Millind Vinod Seth’ within a period of 30 days from the date of filing of the Applications along with a copy of the Judgment of this Court and on payment of the requisite fees as may be prescribed.