Chintala Mani Deep Sai Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, STATE OF ANDHRA PRADESH.

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THE BOARD OF SECONDARY EDUCATION, ANDHRA PRADESH REP BY ITS DIRECTOR, AMARAVATHI, GUNTUR DISTRICT, STATE OF ANDHRA PRADESH.

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THE HEAD MASTER, THE VISWA BHARATHI, ENGLISH MEDIUM HIGH SCHOOL, GUDIVADA TOWN AND POST, KRISHNA DISTRICT.

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DIRECTOR, BOARD OF INTERMEDIATE EDUCATION, D.N0.114/C3, FLOOR NO.2,3 AND 4, ESHWAR ALIGHT, BESIDE SONO VISION TADEPALLI-520012, THE STATE OF ANDHRA PRADESH

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THE REGISTER, VELLORE UNIVERSITY, (VELLORE INSTITUTE OF TECHNOLOGY), VIT, VELLORE CAMPUS, TIRUVALAM ROAD KATPADI, VELLORE TOWN, STATE OF TAMILNADU.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ order or direction particularly one in the nature of writ of mandamus declaring the inaction of the respondents in changing the name of Pathan Musthafa Ali recorded as the father of the petitioner and to incorporate the name of his mother Chintala Anitha, by deleting the name Pathan Musthafa Ali, in the school records, S.S.C Educational Certificate, the Intermediate pass certificate and in the University educational records as illegal, arbitrary and consequentially direct the respondents to incorporate the name of Chintala Anitha the mother of the petitioner in the column of father/guardian in the educational records of the petitioner and pass such other orders.

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to incorporate the name Chintala Anitha, the mother of the petitioner in the column of father/guardian in the school records, S.S.C Educational Certificate, the Intermediate pass certificate and in the University educational records of the petitioner, pendency of the writ petition and pass such other order.

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Counsel for the Petitioner:

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1.S KRISHNA REDDY

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Counsel for the Respondent(S):

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1.B RAMESH SC FOR BOARD OF INTERMEDIATE EDUCATION

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2.GP FOR SCHOOL EDUCATION

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3.MUDUNURI ANAND KUMAR

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.33856 of 2025

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ORDER:

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The present Writ Petition is filed to declare the inaction of Respondents in incorporating the name of the Petitioner’s mother ‘ Chintala Anitha’ by deleting the name of his father ‘Pathan Musthafa Ali’ in School Records, S.S.C., Educational Certificate, Intermediate Pass Certificate and University Educational Records, as illegal and arbitrary.

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The Petitioner had earlier filed W.P.No.11726 of 2021 before this Court through his mother/natural guardian seeking to declare the action of Respondents in insisting upon mentioning the name of his father in S.S.C., Application Form though the Petitioner brought to the notice of Respondent No.3 about the decree of divorce dated 06.06.2009 granted by the Principal Junior Civil Judge, Kadiri in O.S.No.240 of 2006, as illegal and arbitrary.

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This Court taking note of the submissions allowed the Writ Petition vide Order dated 29.09.2021 and the operative portion of the Order reads as under;

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“8. Accordingly, this writ petition is allowed directing the respondents not to insist the petitioner and his mother to mention the name of petitioner’s father in the SSC Application Form or in the pass certificate or other relevant documents and permit him to appear for the SSC Examination. No costs.”

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In spite of the orders passed by this Court in the above Writ Petition, the Petitioner’s father name was continuing in the several records. Hence, the present Writ Petition is filed.

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The learned Assistant Government Pleader for School Education passed on the written instructions vide Letter in Rc.No.52/D13-1/2021, dated 03.02.2026 signed by the Director of Government Examinations, wherein it is stated that after examining the case of the Petitioner appropriate decision has been taken and a letter has been addressed to the Government to issue necessary orders for issuing Revised Secondary School Certificate (SSC) to the Petitioner as per the procedure in vogue with his mother’s name only and to remove his father’s name from Secondary School Certificate (SSC) as per the orders of this Court in the Writ Petition referred above, as the W.A.No.827 of 2023 preferred against the orders in the Writ Petition was dismissed by the Division Bench of this Court. The relevant portion of the letter reads as under;

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“In view of the above context, the Director of Government Examinations, Andhra Pradesh, after examining the above factual and legal position has already addressed a letter to the Government to kindly issue necessary orders to the DGE, A.P., on issue of revised Secondary School Certificate (SSC) to the candidate, as per the procedure in vogue, with the Mother’s name only and to remove the Father’s name from the SSC, as per the orders of the Hon’ble High Court in W.P.No.11726 of 2021 as the writ appeal against the

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orders (WA 827 of 2023) was dismissed by the Hon’ble High Court of Andhra Pradesh, after receiving the original SSC issued earlier from the candidate.”

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In the light of the above, the Writ Petition is disposed of with the following directions, by placing the written instructions on record;

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(i) The Respondent-authorities are directed to incorporate the name of the Petitioner’s mother ‘ Chintala Anitha’ by deleting the name of his father ‘Pathan Musthafa Ali’ in School Records, S.S.C., Educational Certificate, Intermediate Pass Certificate and University Educational Records in terms of the orders of this Court as extracted above;

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(ii) The above exercise shall be completed as expeditiously as possible, preferably, within a period of eight (8) weeks from today;

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(iii) No order as to costs.

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