Mirshikari Mohammed Sameer Ali, S/o Mirshikari Fazeel Basha v. State of AP, Rep. By its Principal Secretary, School Education Department
2026-02-18
NYAPATHY VIJAY
body2026
DigiLaw.ai
ORDER: NYAPATHY VIJAY, J. 1. The present Writ Petition is filed questioning the Proceedings issued by Respondent No.2 vide R.C.No.APOSS-14021(45)/137/2025- Exams EC-APOSS, dated 20.12.2025 rejecting the request of the Petitioner for change of his surname and his father’s surname name in S.S.C., Certificate, as illegal and arbitrary. 2. The brief facts of the case are that the Petitioner herein had passed X Class Public Examination conducted in April, 2017 by the Andhra Pradesh Open School Society (APOSS). In the S.S.C., Certificate issued to the Petitioner, the name of the Petitioner was erroneously mentioned as “Shaik Mohammed Sameer Ali” and his father’s name as “S . Mohammed Fazeel Basha” . The Petitioner states that his surname is “Mirshikari” , instead “Shaik” was prefixed to the name of the Petitioner and his father in the S.S.C., Certificate and sought for change. 3. It is stated that the father of the Petitioner is a Government Officer belonging to Group-I Services of Andhra Pradesh and his name was recorded in his service records as “Mirshikari Fazeel B asha” and also in all other identity proofs such as Aadhar Card, PAN Card and Voter ID Card etc., 4. As an abundant caution, the Petitioner had also got the name corrected as “ Mirshikari Mohammed Sameer Ali, S/o Mirshikari F azeel Basha” in the Andhra Pradesh Gazette published on 15.09.2023. Thereafter, the Petitioner submitted a representation enclosing the revised copies of Aadhar Cards of the Petitioner and his father to the Respondent-School and the copy of Gazette Notification for correction of his surname and the surname of his father in the S.S.C., Certificate. 5. It is stated that the said application was rejected referring to G.O.Ms.No.1263, Education Department, dated 06.05.1961 stating that corrections shall not be entertained in the original pass certificates on the basis of A.P. Gazette Notification. Hence, the present Writ Petition is filed. 6.
5. It is stated that the said application was rejected referring to G.O.Ms.No.1263, Education Department, dated 06.05.1961 stating that corrections shall not be entertained in the original pass certificates on the basis of A.P. Gazette Notification. Hence, the present Writ Petition is filed. 6. The learned counsel for the Petitioner M/s. J. Jyothi would submit that G.O.Ms.No.1263, dated 06.05.1961 does not bar corrections in the certificates but only mentions the procedure for correction of date of birth, name, surname and father’s name etc., In support of her contention, the learned counsel for the Petitioner relied upon the Judgment of the Supreme Court in Jigya Yadav (Minor) through Guardian/Father Hari v. Central Board of Secondary Education and Others , (2021) 7 SCC 535 The learned Assistant Government Pleader for School Education would submit that the Petitioner’s S.S.C., Certificate is pertaining to the year 2017 and at this length of time, corrections are impermissible. 7. Heard the respective counsel. 8. G.O.Ms.No.1263, dated 06.05.1961 provides for mechanism for change of date of birth in a completed S.S.L.C., Certificate but not name, surname and father’s name etc. This G.O., pertains to the period wherein Government was responsible for S.S.C., Certificates and may not have relevance as the APOSS i.e., authority who issues the S.S.C., Certificate was incorporated much later under the Societies Registration Act. 9. A similar issue fell for consideration before the Supreme Court in Jigya Yadav (Minor) through Guardian/Father Hari v. Central Board of Secondary Education and Others (supra), wherein the Supreme Court held that there is no reason for the CBSE to turn down such request or attach any precondition for correction of name, except reasonable period of limitation and keeping in mind the period for which the CBSE has to maintain its record under the extant regulations. The excessive fetters for change of name by CBSE were held to be bad. 10. As regards the correction and change of particulars in the school certificate, the mechanism is provided in Paragraph Nos.192 to 194.2, which read as under; “192. Although we have discussed the broad issues canvassed before us, in the ultimate analysis the real dispute requiring resolution is about the nature of correction or change, as the case may be, permissible to be carried by the CBSE at the instance of the student including past student. As noted earlier, broadly, two situations would arise. 193.
Although we have discussed the broad issues canvassed before us, in the ultimate analysis the real dispute requiring resolution is about the nature of correction or change, as the case may be, permissible to be carried by the CBSE at the instance of the student including past student. As noted earlier, broadly, two situations would arise. 193. The first is where the incumbent wants “correction” in the certificate issued by the CBSE to be made consistent with the particulars mentioned in the school records. 193.1. As we have held, there is no reason for the CBSE to turn down such request or attach any precondition except reasonable period of limitation and keeping in mind the period for which the CBSE has to maintain its record under the extant regulations. While doing so, it can certainly insist for compliance of other conditions by the incumbent, such as, to file sworn affidavit making necessary declaration and to indemnify the CBSE from any claim against it by third party because of such correction. The CBSE would be justified in insisting f for surrender/return of the original certificate (or duplicate original certificate, as the case may be) issued by it for replacing it with the fresh certificate to be issued after carrying out necessary corrections with caption/annotation against the changes carried out and the date of such correction. It may retain the original entries as it is except in respect of correction of name effected in exercise of right to be forgotten. The fresh certificate may also contain disclaimer that the g CBSE cannot be held responsible for the genuineness of the school records produced by the incumbent in support of the request to record correction in the original CBSE certificate. The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificate. 193.2. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a condition, as we have held, would be unreasonable and excessive.
The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificate. 193.2. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a condition, as we have held, would be unreasonable and excessive. We repeat that if the application for recording correction is based on the school records as it obtained at the time of publication of results and issue of certificate by the CBSE, it will be open to CBSE to provide for reasonable limitation period within which the application for recording correction in certificate issued by it may be entertained by it. However, if the request for b recording change is based on changed school records post the publication of results and issue of certificate by the CBSE, the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE. In this situation, the candidate cannot claim that she had no knowledge about the change recorded in the school records because such a change would occur obviously at her instance. If she makes such application for correction of the school records, she is expected to apply to the CBSE immediately after the school records are modified and which ought to be done within a reasonable time. 193.3. Indeed, it would be open to the CBSE to reject the application in the event the period for preservation of official records under the extant regulations had expired and no record of the candidate concerned is traceable or can be d reconstructed. In the case of subsequent amendment of school records, that may occur due to different reasons including because of choice exercised by the candidate regarding change of name. To put it differently, request for recording of correction in the certificate issued by the CBSE to bring it in line with the school records of the incumbent need not be limited to application made prior to publication of examination results of the CBSE. 194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations.
194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate. 194.2. However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.” 11. In the light of the above, Respondent No.2 is bound to carry out the changes/corrections as sought by the Petitioner in the S.S.C., Certificate by inserting caption/annotation indicating the date on which it was recorded. 12. Therefore, the impugned order is set-aside and the Writ Petition is allowed. The Respondents are directed to issue corrected S.S.C., Certificate to the Petitioner by inserting caption/annotation indicating the date of change as expeditiously as possible. 13. No order as to costs. 14. As a sequel, pending applications, if any, shall stand closed.