THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30036 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the circular No.DS/7096/2003, dated 25.8.2008 issued by the second respondent to the extent of disentitling the parents and guardians of minors from changing names of minors and the consequential order dated 12.09.2011 passed by the third respondent rejecting the application of the petitioners for change of name of their child, as illegal and arbitrary and consequently set aside the same. 2. The case of the petitioners, in brief, may be stated as follows: Marriage between petitioners 1 and 2 took place in the year 2010. They are Indian citizens having a valid passport. They were blessed with a daughter on 01.03.2011. They named the child as ‘Kaayra Shree Jain’ which is reflected in the Birth Certificate. Since the child was not keeping good health, they are trying to get her best treatment in the country. Their well wishers and Astrologer suggested to change name of the child so as to suit astrological calculations. They strongly believe in astrological science. On the advice of Doctors, they want to take the child to USA for better treatment and in this regard, they intend to apply for passport to the child. They intend to apply for passport to the child with changed name as per astrological calculations. As per G.O. (P) No.819, General Administration (General-C) Department, dated 08.12.1977 and G.O. (P) No.332, General Administration (Genl.C) Department, dated 16.6.1983, any person residing in the State of Andhra Pradesh intends to change his/her name shall apply in prescribed form to the second respondent-District Collector, who has jurisdiction to issue an official communication to the effect that the applicant is a citizen of India. Thereafter, the applicant shall make another application to the fifth respondent along with the memorandum issued by the second respondent for publication of a private advertisement in the Andhra Pradesh Gazette on payment of publication charges. G.O. (P) No.332 was issued amending the G.O. (P) No.819, whereunder the parent or guardian of a minor child can apply for change of name of the child. But, the second respondent, vide Circular dated 25.08.2008, instructed the respondents 3 and 4 and Executive Magistrate of concerned Mandals not to process changing of complete name in respect of a person who has not attained age of 18 years, which is contrary to the directions of the Government Orders. The petitioners made an application before the third respondent to issue Annexure-III for change of name of their daughter, but the third respondent, having received the application, under the instructions of the second respondent vide circular No.DS/7096/2003, dated 25.8.2008, rejected the same vide letter No.B/4159/2011, dated 12.09.2011, informing that change of name of a child below 18 years cannot be done. Challenging the same, the Writ Petition is filed. 3. Heard both sides. 4. On the advice of Astrologers, the petitioners made an application for change of name of their child to the third respondent, who rejected the same vide letter No.B/4159/2011, dated 12.09.2011, informing that change of name of a child below 18 years cannot be done in pursuance of the instructions of the second respondent vide circular No.DS/7096/2003, dated 25.8.2008. It is not in dispute that age of the child is about 9 months. The petitioners intend to take the child to USA for better treatment as she was not keeping good health and so they want to apply for passport to the child with the changed name as per the advice of the Astrologers. As per G.O. (P) No.332, General Administration (Genl.C) Department, dated 16.6.1983, parents or guardian of a minor child can apply for the change of name of the child and follow the procedure laid down in the said G.O. and the form in this regard shall be as in Annexure-III. The Circular instructions issued by the second respondent vide circular No.DS/7096/2003, dated 25.8.2008, cannot override the Government Order issued by the first respondent. Hence, the impugned letter No.B/4159/2011, dated 12.09.2011 issued by the third respondent is set aside. The respondents 3 and 4 are directed to process application of the petitioners to change name of their child as per G.O. (P) No.332, General Administration (Genl.C) Department, dated 16.6.1983. 5. The Writ Petition is, accordingly, allowed. No costs. --------------------- (K.C.Bhanu, J.) 18.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30036 OF 2011 18.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30036 OF 2011 DATED 18.11.2011 Between: Siddarth Jain & another …Petitioners And State of Andhra Pradesh, rep. by its Chief Secretary & others …Respondents