Case Note & Summary
The petitioner, a minor represented by her father, filed a writ petition under Articles 226 and 227 of the Constitution of India read with the Registration of Birth and Death Act, 1969, challenging communications dated 17.7.2023 and 6.11.2023 issued by respondent No.2 (the competent authority). The petitioner sought a writ of mandamus to quash these communications and direct the authorities to correct her name in the School Leaving Certificate and Secondary School Certificate (SSC) from 'Pankhaniya Krisha Dineshbhai' (incorrect) to 'Pankhaniya Krisha Dineshkumar' (correct). The facts reveal that the petitioner's name was incorrectly recorded in school records due to a clerical error. The respondent authorities rejected the application for correction on the ground that the name in the birth certificate differed from the requested correction. The petitioner argued that the authorities have the power to correct such errors under the relevant provisions and that the rejection was arbitrary. The court, after hearing the parties, held that the authorities are empowered to correct entries in school records and that the impugned communications were unsustainable. The court quashed the communications and directed the respondent authorities to carry out the correction of the petitioner's name in the School Leaving Certificate and SSC documents within a stipulated period. The petition was allowed with no order as to costs.
Headnote
A) Name Correction - School Records - Registration of Birth and Death Act, 1969 - Articles 226 and 227 of Constitution of India - Petitioner sought correction of her name in school leaving certificate and SSC marksheet from 'Pankhaniya Krisha Dineshbhai' to 'Pankhaniya Krisha Dineshkumar' - Authorities rejected on ground that name in birth certificate differed - Court held that the authorities have power to correct entries in school records and directed correction - Held that the impugned communications were quashed and authorities directed to carry out correction (Paras 1-12).
Issue of Consideration
Whether the respondent authorities were justified in rejecting the petitioner's application for correction of name in the School Leaving Certificate and Secondary School Certificate from 'Pankhaniya Krisha Dineshbhai' to 'Pankhaniya Krisha Dineshkumar'.
Final Decision
The petition is allowed. The impugned communications dated 17.7.2023 and 6.11.2023 are quashed and set aside. The respondent authorities are directed to correct the name of the petitioner from 'Pankhaniya Krisha Dineshbhai' to 'Pankhaniya Krisha Dineshkumar' in the School Leaving Certificate and Secondary School Certificate (SSC) and issue corrected certificates within a period of four weeks from the date of receipt of the order. Rule made absolute. No order as to costs.
Law Points
- Name correction in school records
- Registration of Birth and Death Act
- 1969
- Articles 226 and 227 of Constitution of India
- Writ of mandamus
