Disposed

Ashokkumar Lalshankar Shukal v. District Education Officer, Gandhinagar

Gujarat HC14 Jul 2022SCA/10692/2022

Case brief

AI extract

What is this about?

A special civil application was dismissed without expressing an opinion on merits. The court directed the petitioner to file an application with the respondent authority for a name change from SHUKLA to SHUKAL based on peculiarity of facts, leaving that decision to the authority.

What did the court decide?

Petitioner directed to prefer application before respondent authority; respondent to consider independently.

Ashokkumar Lalshankar Shukal Vs District Education… — Education and Admissions | Gujarat HC (2022)

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C/SCA/10692/2022 ORDER DATED: 14/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10692 of 2022

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================================================== ASHOKKUMAR LALSHANKAR SHUKAL

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Versus

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DISTRICT EDUCATION OFFICER, GANDHINAGAR

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================================================== Appearance:

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MR. VIJAY H PATEL(7361) for the Petitioner(s) No. 1 MS. NIDHI VYAS, AGP for the Respondent(s) No. 1 ==================================================

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 14/07/2022

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ORAL ORDER

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1. Heard Mr. Vijay H. Patel, learned counsel appearing

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for the petitioner and Ms. Nidhi Vyas, learned Assistant Government Pleader appearing for the respondent-State.

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2. Mr. Vijay Patel, learned counsel submitted that son

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of the petitioner is studying in Class-12 for the academic year

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2021-2022. The last name of the petitioner’s son is “SHUKAL”. In all government records, the last name of petitioner’s son is recorded as “SHUKAL”. The original last name of the family is “SHUKAL”. The petitioner has produced

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Page 1 of 3

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C/SCA/10692/2022 ORDER DATED: 14/07/2022

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the copy of Aadhar Card of Master Mangaly Ashokkumar Shukla.

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Mr. Vijay Patel, learned counsel submitted that, in

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the mark-sheet of Class-10th, the last name of the petitioner’s son was recorded as “SHUKAL” which is the correct last name. However, due to inadvertence, an application was submitted by the school before the respondent to change the last name of petitioner’s son from “SHUKAL” to “SHUKLA”. The said application came to be allowed by the respondent. Mr. Patel, learned counsel submitted that in the Standard-12 th examination, petitioner’s son has failed to clear the exam and petitioner’s son wants to take admission based upon the marksheet of Standard-10th. Mr. Patel, learned counsel submitted that the application for change on name was solely due to inadvertence and therefore cannot be treated as embargo for change of last name to its original form.

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Mr. Patel, learned counsel submitted that petitioner would prefer an application before the respondent authority for the aforesaid change in the last name of the petitioner’s son

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Page 2 of 3

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C/SCA/10692/2022 ORDER DATED: 14/07/2022

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from “SHUKLA” to “SHUKAL”.

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Ms. Nidhi Vyas, learned Assistant Government

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Pleader appearing for the respondent – State submitted that, the aforesaid change is not permissible under Regulation 12-A of the Gujarat Secondary Education Regulations, 1974.

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In view of this Court, without expressing any

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opinion on the merits of the matter, it is open for the petitioner to prefer an application before the respondent authority explaining the changed circumstances, as referred to above and if such an application is preferred, the respondent authority shall consider the same independently, in view of the peculiar facts and circumstances of the present case and in accordance with law.

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With the aforesaid directions, the present petition

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stands disposed of, accordingly. Direct service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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Pradhyuman

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Page 3 of 3

Ashokkumar Lalshankar Shukal v. District Education Officer, Gandhinagar

Case brief

What is this about?

What did the court decide?

Ashokkumar Lalshankar Shukal v. District Education Officer, Gandhinagar

Case brief

What is this about?

What did the court decide?

What the court decided

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