Nair K. S. Sajeev Kumar Sadasivan v. Maharashtra State Board of Secondary & Higher Education & others
2000-11-30
P.S.BRAHME, R.K.BATTA
body2000
DigiLaw.ai
JUDGMENT - R.K. BATTA, J.:---Heard. Learned Counsel for the petitioner seeks leave to delete respondent No. 2. Leave granted. 2.Rule. With the consent of the learned Advocates for the parties, rule made returnable forthwith. Heard learned Advocates for the parties. 3.In this petition, the petitioner is seeking correction of his name in S.C.C. Examination certificate at Annexure 'B'. In the Annexure 'B' the name of the petitioner is shown as 'K.S. Sajeev Kumar Sadasivan' whereas according to the petitioner, his name is 'Nair K.S. Sajeev Kumar Sadasivan' . The petitioner's case is that in fact the respondent No. 1 issued H.S.S.C. Examination certificate with correct name which is at Annexure 'D'. The petitioner, therefore, applied for correction of his name accordingly to the respondent No. 1 Board but his request was rejected as a result of which the petitioner has approached this Court. 4.Learned Advocate for the respondent No. 1 has stated that the petitioner did not approach the Board for correction of his name within five years and as such, the request was rejected. 5.In matters of correction of name and more so when the Board itself has subsequently issued H.S.S.C. certificate with correct name, the plea of limitation should not have come in the way of the petitioner in so far as correction of name is concerned. Besides this, learned Advocate for the petitioner also draws our attention to a resolution passed by the Board which provides for relaxation of the time limit on payment of fee of Rs. 100/- per year. There is some controversy as to whether this Resolution has been approved by the State. 6.Be that as it may, in view of the observations made by us, we direct the respondent No. 1 Board to correct the name of the petitioner in S.C.C. examination certificate in terms of his name which is reflected in H.S.S.C. examination certificate at Annexure 'D' on payment of Rs. 100/- per year for the delay in approaching for the change of name. 7.Rule is made absolute in the aforesaid terms with no order as to the costs. Rule made absolute. -----