Application to High Court dismissing the university's public interest writ appeal challenging a lower court order directing them to effect a name change in the petitioner's degree certificate and mark sheet supported by amended statutory documents.
None; the writ appeal challenging the stay on name correction was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943
WA NO. 1129 OF 2021
AGAINST THE JUDGMENT IN WP(C) 1877/2021 OF HIGH COURT OF KERALA,
ERNAKULAM
APPELLANTS:
1 SCHOOL OF ENGINEERING AND TECHNOLOGY, INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU), MAIDANGARHI, NEW DELHI 110 068, REP. BY CO-ORDINATOR AND ASSOCIATE PROFESSOR OF MECHANICAL ENGINEERING DR. K. TAMIL MANNAN. 2 THE ASSISTANT REGISTRAR, EXAM III AND P10 STUDENT EVALUATION DIVISION, SCHOOL OF ENGINEERING AND TECHNOLOGY, INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU), MAIDANGARHI, NEW DELHI 110 068. BY ADV K.MOHANAKANNAN
RESPONDENT/PETITIONER:
MATHEW ANIL PARAKKAL, AGED 28 YEARS S/O. ANIL PARAKKAL MATHEW, PARAKKAL HOUSE ANAMALA, JUNCTION, CHALAKUDY 680 307, THRISSUR DISTRICT, REP. BY POWER OF ATTORNEY HOLDER MOTHER, GIPSI ANIL, AGED 56 YEARS, W/O. ANIL PARAKKAL , PARAKKAL HOUSE, ANAMALA JUNCTION, CHALAKUDY 680 307, THRISSUR DISTRICT. BY ADVS. SMT.JEENA JOSEPH SRI.G.D.PANICKER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 15th day of September, 2021
S. MANIKUMAR,CJ.
Being aggrieved by the decision and direction of the writ court issued in W.P.(C) No.1877/2021 dated 22.2.2021, to consider and pass appropriate orders on the request made by the writ petitioner for the change of name in the degree certificate and mark statement (Exhibits P9 and P10) issued to the writ petitioner and correct the same, if the documents produced by him are in order, within one month from the from the date of receipt of a copy of the judgment, instant writ appeal is filed.
support of the writ petition, contention of the writ petitioner that in all the documents such as Exhibit P1 Aadhaar Card, Exhibit P2 Passport, Exhibit P4 marriage certificate, Exhibit P6 birth certificate and Exhibit P7 Admission Register along with paper publication, wherein the name of the writ petitioner has been shown as 'Mathew Anil Parakkal', the contention of the appellants in the statement, that an application for change of name need to be entertained, before the student is awarded the Degree/Diploma Certificate in the convocation and the further averment that an application for change in name shall not be
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entertained under any circumstances, if the student has been issued with the Degree/Diploma Certificate in the convocation already held and on the reliance of the notification issued by Indira Gandhi National Open University Student Evaluation Division dated 22nd January, 2021, writ court, at paragraph 6 to 7 ordered thus:
“6. Having considered the contentions advanced, I find that the petitioner has submitted the request before the IGNOU for recording a change in his name which has already been effected through corrections carried out in all relevant documents including the birth certificate, school records, Aadhar card as well as pan card. The petitioner has taken out paper publication of the change of the same as well.
In the above view of the matter, there will be a direction to the respondents to take up, consider and pass appropriate orders in the request made by the petitioner for the change of name in the degree certificate and mark statement issued to the petitioner (Exts. P9 & P10) and to correct the same, if the documents produced by him are in order. Orders shall be passed within a
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period of one month from the date of receipt of a copy of the judgment. This writ petition is ordered accordingly.”
the University, made submissions on the above said grounds, we are
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not impressed with the same and thus, not inclined to entertain the writ appeal for the reason that though such contentions have been made before the writ court, by filing a statement that an application for change in the name would be entertained only before the student is awarded the Degree/Diploma certificate in the convocation, such statement has not been substantiated by the appellants by producing any document.
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of the case, University cannot be permitted to contend that they will not consider the exhibits produced and deny the change sought for.
In the light of the above discussion and observations, we are not inclined to entertain the writ appeal. Instant writ appeal is dismissed accordingly.
Sd/- S. MANIKUMAR, CHIEF JUSTICE.
smv
Sd/- SHAJI P. CHALY, JUDGE.
2 issues framed by the court
Whether the High Court of Kerala erred in directing the university to consider the petitioner's request for a name change in his degree certificate and mark sheet issued after the convocation.
Whether allowing a correction in the degree and mark sheet based on subsequent statutory documents would cause prejudice or establish an impermissible precedent.
School of Engineering and Technology, Indira Gandhi National Open University (IGNOU)
Mathew Anil Parakkal
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
