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Allahabad High Court · body

2008 DIGILAW 1076 (ALL)

DEEPAK KUMAR v. STATE OF UTTAR PRADESH

2008-05-19

RAKESH TIWARI

body2008
JUDGMENT Hon’ble Rakesh Tiwari, J.—Counter affidavit and rejoinder affidavit have been exchanged. Heard the petitioner in person and the Standing Counsel. 2. The petitioner has passed High School Examination in 1995 and Intermediate Examination in 1997 conducted by the Board of High School and Intermediate Examination, U.P., Allahabad. 3. The name of petitioner’s father is Sharan Singh but it appears that due to inadvertence, it has wrongly been written on the High School certificate of the petitioner as Saran Singh. 4. The father of the petitioner is stated to be dead. After his death, a letter was issued by the Assistant Accounts Officer (Pension), Krishi Nideshalaya to the Treasury Officer for releasing pension to the mother of the petitioner showing name of the petitioner’s father as Sharan Singh. 5. The petitioner has also been selected as Electric Signal Maintainer (ESM) by the Railway Recruitment Board, Jammu & Kashmir and has been directed to submit all requisite educational certificates and marks sheet for verification. At this stage, the petitioner came to know about the mistake in his father’s name in his High school certificate and therefore he applied to respondent No. 2 for correcting his father’s name as Sharan Singh and not Saran Singh. But the respondent No. 2-the Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad, has refused to make correction as sought for on the ground that this request has come after two years. 6. The petitioner submits that in case the correction is not carried out in his father’s name in the High School certificate, then his candidature for Electric Signal Maintainer for which he has been selected, would be cancelled. 7. The Principal of the school has also written a letter dated 7.2.2008 to respondent No. 3- Secretary, Madhyamik Shiksha Parishad, Regional Office, Meerut in this regard. 8. Grievance of the petitioner is that his career is at stake but the respondents have refused to do anything in the matter without any just cause and not correcting the mistake which has been made by them. It is stated that the petitioner cannot be made to suffer for the mistake committed by the respondents and has approached the respondents within two years of the mistake in the spelling of name of his father brought to his knowledge when he was issued appointment letter. 9. It is stated that the petitioner cannot be made to suffer for the mistake committed by the respondents and has approached the respondents within two years of the mistake in the spelling of name of his father brought to his knowledge when he was issued appointment letter. 9. According to paragraph 3 of the counter affidavit on which reliance has been placed by the State, it appears that the petitioner had filed application in 2008 for correction in the name of his father and therefore his request is time barred as per Regulation 7, Chapter III of the U.P. Intermediate Education Act, 1921. According to them, this request should have been made within two years from the date of issuance of the certificate. 10. There is no dispute that petitioner’s father name is Sharan Singh and not Saran Singh. It is a proper noun and spelling may differ, hence it is not a mistake that cannot be corrected. If the respondent Board has written a wrong spelling, it is for them to correct it. The petitioner’s service cannot be put at stake for this mistake on any technical ground of delay. The petitioner has applied for correction within time when it was brought to his knowledge. 11. In the facts and circumstances, the name of father of the petitioner shall be corrected as “Sharan Singh” in the original High School certificate of the petitioner by respondents within a period of three weeks from today as prayed for by him. The petitioner will also file a certified copy of this order before respondent No. 2 and 3 within a period of ten days from today for this purpose. 12. With the above directions, this petition stands allowed. No order as to costs. ————