Case Note & Summary
The petitioner, Mohd. Shahabudin Mohd. Shafiurrahman, filed a writ petition seeking a writ of certiorari to quash an order dated 25.10.2007 passed by the Divisional Secretary, Pune Division, Maharashtra State SSC and HSC Board (respondent No.2), rejecting his application for correction of his name in the Higher Secondary School Certificate (HSC) mark-sheet. The petitioner's name on the HSC mark-sheet was recorded as 'SHAIKH MOHAMMAD SHAHABUDDIN MOHAMMAD SHAFIURRAHMAN', and he sought deletion of the first name 'SHAIKH'. He relied on his school leaving certificate issued by a school in Darbhanga, Bihar, which did not contain the name 'SHAIKH'. The petitioner had addressed a letter dated 04.11.2006 to the Principal of Pune College of Arts, Science and Commerce, from which he passed the HSC examination in March 1997, requesting correction. The college forwarded the request to the Deputy Director of Education. However, respondent No.2 rejected the application on the ground that the petitioner had left the school at the time of application. The High Court examined Rules 26.3 and 26.4 of the Maharashtra Secondary and Higher Secondary Boards Regulations, which deal with entries in the General Register. The court held that these rules do not bar correction of name after a student leaves school, as they pertain to maintenance of the General Register and not to correction of certificates. The court noted that the petitioner had provided supporting documents, including the school leaving certificate, and that the Board's rejection was based on a misinterpretation of the rules. The court allowed the petition, quashed the impugned order, and directed respondent No.2 to correct the petitioner's name in the HSC mark-sheet by deleting 'SHAIKH' and to issue a corrected certificate within four weeks.
Headnote
A) Education Law - Correction of Name in Certificates - Rules 26.3 and 26.4 of Maharashtra Secondary and Higher Secondary Boards Regulations - The petitioner sought deletion of the first name 'SHAIKH' from his HSC mark-sheet. The Board rejected the application on the ground that the petitioner had left the school. The High Court held that Rules 26.3 and 26.4 do not bar correction of name after a student leaves school, as they pertain to entries in the General Register and not to correction of certificates. The court allowed the petition and directed the Board to correct the name. (Paras 1-7) B) Education Law - Correction of Name in Certificates - Right to Correct Name - The court held that the petitioner has a right to have his correct name reflected in his educational certificates, and the Board cannot refuse correction on technical grounds when the petitioner has provided supporting documents such as the school leaving certificate. (Paras 2-7)
Issue of Consideration
Whether the petitioner's application for correction of his name in the HSC mark-sheet can be rejected solely on the ground that he had left the school at the time of application, and whether Rules 26.3 and 26.4 of the Maharashtra Secondary and Higher Secondary Boards Regulations bar such correction.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 25.10.2007, and directed respondent No.2 to correct the petitioner's name in the HSC mark-sheet by deleting the name 'SHAIKH' and to issue a corrected certificate within four weeks.
Law Points
- Correction of name in educational certificates
- Interpretation of Board regulations
- Rules 26.3 and 26.4 of Maharashtra Secondary and Higher Secondary Boards Regulations
- Right to have correct name in certificates
