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2017 DIGILAW 223 (GUJ)

Sindhi Farhan Rahemtulla v. Central Board of Secondary Education

2017-01-30

RAJESH H.SHUKLA

body2017
JUDGMENT : Rajesh H. Shukla, J. 1. Rule. 2. The present Petition is filed by the Petitioner under Articles 14, 21 and 226 of the Constitution of India for the following prayers: "A. Your Lordships may be pleased to admit and allow present petition; B. Your Lordships may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus and/or appropriate writ, order or direction, directing the respondent authority to issue the fresh marksheet and examination certificate on the ground of the birth certificate and other statutory documents as produced at Annexure-A to the petition; C. Pending hearing and till final disposal of the present petition, Your Lordships may be pleased to direct the respondent authority to issue the fresh marksheet and examination certificate on the ground of the birth certificate and other statutory documents as produced at Annexure-A; D. Ad-Interim relief in terms of para-9(C) may kindly be granted; E. Any other and further orders which may deem fit in the interest of justice in favour of the petitioner." 3. Heard learned Advocate Shri Vikas K. Nair for the petitioner and learned Advocate Shri K.V. Shelat for Respondent Nos. 1 and 2. 4. Learned Advocate Shri Vikas K. Nair for the petitioner has not pressed the present petition for the examination certificate, and therefore, the present petition is confined to issuance of fresh Mark Sheet only directing the Respondents to correct the name as Farhan Sindhi Rahemtulla in place of Sindhi Farhan Rehmatullakhan. 5. The Petitioner, as stated in detail, is a student who had completed his studies from Respondent No. 3 School, and he had, vide his communication dated 28.6.2016 addressed to Respondent No. 2 requested for correction in the name as proposed by him. However, Respondent No. 2 has refused in the guise of regulations that it will not be permissible, which has led to filing of the present petition. 6. As it could be seen from the background of the facts, the petitioner is seeking correction in the name in the Mark Sheet, relying upon the documents produced namely the birth certificate that it should be Farhan Sindhi Rahemtulla, whereas in the Mark sheet, it has been recorded as Sindhi Farhan Rehmatullakhan. Therefore, he has requested to issue fresh Mark sheet which has been declined, leading to the present petition. 7. Therefore, he has requested to issue fresh Mark sheet which has been declined, leading to the present petition. 7. As could be seen, the name is recorded by inadvertence as Sindhi Farhan Rehmatullakhan. However, as could be seen from the birth certificate and other certificates including the one issued by the Controller of Examination, Secondary School Examination at page 33, it records his name as Farhan Sindhi Rahemtulla. Thus, there appears to be some inadvertent mistake and the say of the Respondents authorities that it is not permissible under the regulations is misconceived. 8. The provisions of the Registration of Birth and Death Act, 1969 require that the birth certificate could be issued which is a valid document, and on the basis of the said document, an entry is required to be made in the school record like School Leaving Certificate or the Mark sheet and the same could be corrected in the same way. As there is no alternate remedy, the Petitioner is said to have made necessary application for correction in the mark sheet and other records of the school referring to the birth certificate. However, the same has been declined. 9. A useful reference can be made to the observations of the High Court in a judgment in case of Nitaben Nareshbhai Patel v. The State of Gujarat & Ors., 2008 (1) GLH 556 and also the judgment in case of Union of India & Anr. v. Shardindu, (2007) 6 SCC 276 . The judgment of the Hon'ble Apex Court in case of State of Jharkhand & Anr. v. Govind Singh, (2005) 10 SCC 437 has also referred to the fact that narrow interpretation of the regulation may not be applied and the correction of date of birth or name could be permitted by the school authorities, where the student was studying. 10. It is in this background, the present petition deserve to be allowed and accordingly stands allowed. Respondent Nos. 1 and 2 are directed to issue fresh Mark Sheet after correcting the name of the petitioner as Farhan Sindhi Rahemtulla on the basis of the birth certificate and other documents. The petitioner shall produce the relevant documents, if required by Respondent Nos. Respondent Nos. 1 and 2 are directed to issue fresh Mark Sheet after correcting the name of the petitioner as Farhan Sindhi Rahemtulla on the basis of the birth certificate and other documents. The petitioner shall produce the relevant documents, if required by Respondent Nos. 1 and 2, for which an application shall be made within a week, and thereafter, within a period of two weeks, necessary correction shall be made in the name of the petitioner as Farhan Sindhi Rahemtulla and accordingly fresh Mark Sheet may be issued. 11. The present petition accordingly stands allowed. Rule is made absolute to the aforesaid extent.