• Name change issue iwhile ssuing joining letter

1. This year I have been selected by Bihar Public Service Commission (BPSC) as Assistant Professor after shortlisting, interview and documents verification process.
2. Thereafter my file has moved from BPSC to Education department authority for necessary record and verification. 
3. Upon scrutiny by education department they have forwarded file to various universities in Bihar to further verify documents and issue appointment letter to selected one.
4. When I attended university for above verification one of the authority among them told that you have changed the name and not published in newspaper and gazatte. Hence your eligibility is on hold. 
We convinced them that 
1. Its not name change and only surname was changed due to marriage in 2008.
2. I have shown first class magistrate affidavit and marriage certificate for above.
3. I told Aadhaar and PAN has been also issued to me with new surname .
Recent character certificates wirh new surname from 3 gazatted officers were also submitted .
4. Already two authorities BPSC and education department has verified same documents and passed the file.

As per GOI Ministry of Personnel department office memorandum dated 12 March 1987 with subject Name if change Newspaper and gazatte is mandatory for government employee name change. On account of marriage newspaper and gazatte publication is not mandatory.

1. I want to know is there any circular/memorandum by GOI on which basis university is not accepting my surname change on account of marriage.

2. What action shoud I take further to get appointment.
Asked 6 years ago in Civil Law

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9 Answers

190016/187-Estt. dated 12th March, 1987 from Department of Personnel and Training.

The Ministry of Home Affairs O.M.No. 67/274/48/Estts. dated 3rd November, 1948 as amended vide O.M. No. 87/52Estt. dated 24th March, 1952 lays down the procedure for change of name by Government employees. The Govt. recently had the occasion to review these instructions in the light of experience in certain cases. It was found that the instructions are in complete in so far as they do not cover certain situations. It has, therefore, been decided to adopt the following procedure in suppression of all previous orders on the subject.

I. All cases of addition/deletion or change in name/surname:-

i. A Govt. employee wishing to adopt a new name or to effect any notifications in his/her existing name may do so, formally by a deed changing his/her name. The sample deed form is enclosed.

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 Govt employee’s own expense.

II. Addition/Change in surname only, on account of marriage, remarriage of a female Govt. employees.

i. If the Govt. employee desires a change, she should give a formal intimation to her appointing authority of her marriage and request for a change in her surname.

ii. Particulars of the husband may be given for making necessary entries in the Service Book.

III. Deletion of surname or reversion to maiden name on divorce/separation or death of the husband of female Govt. employee, change may be permitted if a female Govt. employee gives:-

i. An intimations to the appointing authority regarding change in marital status; and

ii. A formal request for reversion to her maiden name.

NOTE: - There is no prescribed form for items II and 111 

 

DEED FOR CENTRAL GOVT. EMPLOYEE FOR CHANGE OF NAME/SURNAME

BY THIS DEED I the undersigned................................................................lately

called....................................................................................................employed as (Former name)

......................................................................................................................... (Designation of the post held at the time by the Govt. servant)

at....................................................................................................................... (Place where employed in the Ministry/Department of the Govt. of India)

do hereby:-

1. Wholly renounce, relinquish and abandon on the use of my former name of ...................................and in place thereof do assume from the date there of the name of ..........................and so that I may hereafter be called, known and distinguished not by my former name of ...............................................but by my assumed name of...........................................................

2. For the purpose of evidencing such my determination, declare that I shall at all times hereafter in all records, deeds and writings and in all proceedings, dealings and transactions private as well as public and upon all occasions whatsoever use and sign the name of............................................as my name in place of and in substitution for my former name of..........................................................

3. Expressly authorities and request all persons at all times hereafter to designate and address me by such assumed name of .....................................................

4. In witness whereof I have here unto subscribed my former and adopted name of................................................and .......................................affixed my seal this.....................................day of .................................

Old Signature................................... New Signature.................................

Signed and delivered by the above named......................................................... formerly................................................in the presence of :-

Witness No. - 1

Signature............................................ Name................................................ Designation........................................ Official Address.................................. (With Rubber stamp)

Witness No. – 2

Signature............................................ Name................................................ Designation......................................... Official Address................................... (With Rubber stamp)

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

University is wrong in placing your application on hold 

 

2) on basis of marriage certificate your name has been changed in Aadhar card and other documents 

 

3) your joining should not be rejected 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since there is  GOI notification making newspaper publication not mandatory due to change in name/surname out of marriage your appointment can be put on hold. Hence withholding your appointment is bad in law for which you have legal remedy.

So send a detailed legal representation seeking issuance of your appointment letter forthwith ind efault of which you must file  a writ petition or case before the Administrative Tribunal depending upon the applicability.

Good luck. You have a good case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can file a writ Petition in high court if university is not assisting you

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

They are on the wrong version of the law they can't reject the appointment but can suggest you to come with the proper procedure after getting the name change so file a writ before the Hon'ble High Court against the cancellation of the appointment if so, but make it sure when ever you change name or surname after marriage or before marriage , (though it is not mandatory after marriage) , you have to follow proper legal procedure for the same.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The name change procedure i.e., by preparing a notarised affidavit, newspaper publication and gazette notification is compulsory for government employee.

You cannot claim that it was only change of surname, because surname becomes part of name hence even for change of surname the same procedure has to be followed.

There is no mandatory provision in law for changing your name after your marriage, you can still continue with your maiden name after marriage also.

But if you would like to be recognized by the new surname of the husband's family then it is mandatory that you follow the name change procedure,especially if you have plans to get employment in the government sector.

Even now you can get it done and produce it before the authorities so that you can get the desired relief.

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

There is no provision in law that a woman has to mandatory change her surname after her marriage and there is no restriction for the women to continue with the maiden name even after marriage.

When there is no law authorising you to change your name without following the name change procedures to have anew surname, what is your claim in it and how can you blame the system for your mistake.

Even now yo can adopt the process for name change and produce the same before that authorities.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the stand of the University is totally arbitrary and unconstitutional.
  2. You have got your surname change stating the reason of marriage and in this case only affidavit serves he purpose.
  3. And also all other necessary documents also convey the same name.
  4. And this nature of Office Memorandum are for when you have already joined any department and then you have got your name changed not otherwise.
  5. You should challenge your rejection before the Hon’ble HC under the Writ Jurisdiction of Mandamus and Certiorari seeking immediate intervention.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear

Change of surname On account marriage is not mandatory to be published in newspaper and gazette.

You can file a writ petition in high court against the decision of university for putting your appointment on hold due to name change not published.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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