Satupala Satayanarayana v. Commissioner & Director School Education Department, Govt. of A. P. , Hyderabad
2014-04-23
NOOTY RAMAMOHANA RAO
body2014
DigiLaw.ai
Judgment : The writ petitioner appeared for Secondary School Certificate Examination (10th class) conducted by the Board of Secondary Education, Andhra Pradesh in March, 1994 with Roll No.1134963. He prosecuted 10th class by studying at Z.P. High School, Marripalligudm of Karimnagar District. His date of birth is recorded as 10.08.1976 and his father’s name is shown as Rajaiah. Long subsequent to this event, he seems to have secured employment from the Northern Power Distribution Company as a junior lineman. As a part of verification exercise, his educational certificates have been sent up for verification and confirmation of their authenticity. The Additional Joint Secretary to the Director of Government Examinations, Andhra Pradesh, Hyderabad through his communication RC.No.78/D33-1/2010 dated 05.01.2011 has informed the Divisional Engineer (Electricity), Northern Power Distribution Company that the petitioner appeared for SSC examination during March, 1994 with Roll No.1134963, his date of birth is 10.08.1976. But however, his father’s name is recorded as ‘Bajaiah’ and hence the Additional Joint Secretary to the Director of Government Examination has made the following remark: “Father’s name not tallying with this office records.” 2. This remark made by the Additional Joint Secretary to the Director of Government Examinations is playing havoc in so far as the writ petitioner is concerned. In the certificate furnished by the Board of Secondary Education, his father’s name is recorded as ‘Rajaiah’ and his Roll. No. as 1134963 and his date of birth is recorded as 10.08.1976. All other particulars are tallying excepting a spelling mistake with regard to the name of the father of the petitioner instead of noting it as ‘Rajaiah’, someone, it looks like erroneously, recorded as ‘Bajaiah’. It is most appropriate that in such circumstances, the Director of Government Examinations should have acceded to the request of the writ petitioner and corrected the name. ‘Rajaiah’ is almost a common name in the rural areas of Karimnagar District as most of the people are devotees of presiding deity of Vemulavada Sree Raja Rajeswari Swamy, whereas ‘Bajaiah’ is very uncommon name. Therefore, it should have necessitated the Director of Government Examinations to verify the school records maintained by the Z.P. High School, Marripalligudm of Karimnagar District, if he had really got any doubt.
Therefore, it should have necessitated the Director of Government Examinations to verify the school records maintained by the Z.P. High School, Marripalligudm of Karimnagar District, if he had really got any doubt. When the Roll No, name and the date of birth are tallying and the school name is tallying, the Director of Government Examinations could have exercised his discretion in favour of a student, who secured employment not by adopting any foul methods but fairly. The doubt planted by the Director of Government Examinations by making his remark that the name of the father is not tallying, is playing havoc on the conditions of life of the petitioner and his dependents. Securing public employment in these days is a hard feature of life. Therefore, appropriate discretion should have been exercised and the necessary correction should have been carried out. 3. I am aware that hard facts are known to make bad law. But law is intended to regulate the conditions of human beings and their affairs. The law is intended to secure the welfare and wellbeing of the citizens. Therefore, this is a fit case where a Writ of Mandamus should be issued to the Director of Government Examinations, Hyderabad to take all such necessary measures for correction of the name of the father of the writ petitioner as ‘Rajaiah’ and communicate the said decision once again to the Divisional Engineer (Electrical), Northern Power Distribution Company, Huzurabad, Karimnagar District within 30 days from the date of receipt of a copy of this order. 4. However, it shall be open to the Director of Government Examinations to call for a report through a special messenger from the Z.P. High School, Marripalligudm of Karimnagar District. However, for any reasons, if the school authorities are not in a position to make available any record or information with regard to the writ petitioner because of long duration and lapse of time, the correction exercise shall not be withheld on that count. 5. Accordingly, the writ petition stands allowed. No order as to costs. 6. The miscellaneous petitions, if any pending in this writ petition, shall stand closed.