Case Note & Summary
The petitioner, Fernandes Ayesha Soniya, filed a petition under Articles 14, 21, and 226 of the Constitution of India read with the Gujarat Secondary Educations Regulations, 1974, seeking a direction to the respondent school to issue a fresh school leaving certificate with her mother's name 'Soniya' after her name, so that it reads as 'Fernandes Ayesha Soniya'. The petitioner's mother, Soniya Frankie Fernandes, married Sikander Mohammed Iqbal and later divorced him according to personal law. Subsequently, the mother filed affidavits to change the names of the petitioner and her sister, as well as her own name. The petitioner and her mother requested the school to add the mother's name to the school leaving certificate, but the school refused to accept the application. Aggrieved, the petitioner approached the High Court. The court heard the learned counsel for the petitioner, Mr. Nirad D. Buch, and the learned counsel for the respondent no. 2, Ms. Yashvi R. Shah. The court found that the school's refusal was unjustified and directed the school to issue a fresh school leaving certificate with the mother's name within four weeks from the date of receipt of the order. The petition was allowed accordingly.
Headnote
A) Constitutional Law - Right to Identity - Articles 14, 21, 226 of the Constitution of India - School Leaving Certificate Correction - The petitioner sought a direction to the school to issue a fresh school leaving certificate with her mother's name 'Soniya' after her name. The court held that the refusal by the school to accept the application for correction was unjustified and directed the school to issue the corrected certificate within four weeks. (Paras 1-7)
Issue of Consideration
Whether the school is obligated to issue a fresh school leaving certificate incorporating the mother's name after the petitioner's name as requested by the petitioner and her mother.
Final Decision
The petition is allowed. The respondent no. 4 school is directed to issue a fresh school leaving certificate with the name of the mother of the petitioner - 'Soniya' after her name so as to read the same as 'Fernandes Ayesha Soniya' within a period of four weeks from the date of receipt of the order.
Law Points
- Right to identity
- Right to life and personal liberty
- Right to equality
- School leaving certificate correction
- Mother's name inclusion
