This judgment allows a writ petition seeking correction of parent names in school leaving certificates, requiring the petitioner to pay a fine of Rs. 5,000 and submit a fresh application within one month.
Petitioner directed to pay fine of Rs. 5,000 and submit fresh application for correction of parent names in certificates within one month.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 8353 OF 2023
PETITIONER:
ALEX MATHEW AGED 32 YEARS S/O K.M. MATHEW, KALIYATHU HOUSE, THAMBALAKKADU (P 0), KAVUKATTU NAGAR PONKUNNAM, KOTTAYAM - 686506 BY ADVS. PRANOY K.KOTTARAM ATHUL BABU SIVARAMAN P.L
RESPONDENTS:
1 UNION OF INDIA MINISTRY OF EDUCATION, 122-C, SHASTRI BHAVAN, NEW DELHI- 110001, REPRESENTED BY ITS SECRETARY TO THE UNION GOVERNMENT. 2 NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE, 6TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI – 682036, REPRESENTED BY ITS REGIONAL DIRECTOR. BY ADVS. MANU S. - DSG OF INDIA V.DEVAN - R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 8353 of 2023
Dated this the 10th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
“(i) issue a writ of certiorari or any other appropriate writ or direction calling for the original of Ext. P6 and to quash the same.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to correct the name of the Petitioner's parents from 'Mathew Mathew' and 'Mercy' to 'K.M. Mathew' and 'Annamma David', respectively.
(iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to reconsider Ext. P5 representation and pass appropriate orders in a time bound manner; and
(iv) allow this Writ Petition with costs. ”[SIC]
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respondent for the Secondary School Leaving Examination conducted in October 2010. He has passed the said examination and has obtained a mark statement as evident by Exhibit P1. Thereafter he was enrolled for Senior Secondary Examination held on October 2016 and has passed the said examination and has obtained the pass certificate as evident by Exhibit P2. In both these certificates, his mother's name is shown as Mercy and his father's name is shown as Mathew Mathew. It is the case of the petitioner that his parents were also known in their alias names as Annama David and K.M. Mathew. In the year 2016, it is the case of the petitioner that his parents had changed their names in all the official records as Annama David and K.M. Mathew for the sake of consistency. Exhibits P3 and P4 are the Aadhaar Card and one and the same certificate of the parents respectively. Thereafter, the petitioner has
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decided to alter the names of his parents in his Secondary School Leaving Certificate and Senior Secondary Examination Certificate issued by the 2nd respondent and has intimated his request with a reference dated 16.12.2019 before the 2nd respondent for a change in his parent's name and reissuing a fresh certificate with altered name. The said reference dated 16.12.2019 is Exhibit P5, but the said grievance was rejected by the 2nd respondent as per Exhibit P6. The grievance of the petitioner is that, if his parents name is not properly mentioned in the school records of the petitioner, he will face difficulties in future. Hence this writ petition is filed.
and the learned Standing counsel appearing for the 2nd respondent. I also heard the learned DSGI.
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of the School certificate to the petitioner. The Standing counsel appearing for the 2nd respondent takes me through Annexure R2(a) and submitted that, if any change in the School certificate is necessary, the request should be submitted within three years from the date of registration or before appearing for the examination. The Standing counsel submitted that, that date is already over and hence Ext.P6 is issued. As I mentioned earlier, admittedly the parents name of the petitioner is changed as evident by Exts.P3 and P4. It is true that, in the prospectus it is stated that the application should be submitted within three years. But there is no statutory Rules prohibiting correction in the School certificate, if there is a genuine ground. Here is a case where the parents name is admittedly changed. It is true that the petitioner ought to have been more vigilant in submitting the application within time. But I don't want to create more trouble to a
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youth aged 32 years. In the peculiar facts and circumstances of this case, I think the correction can be allowed on condition that the petitioner will pay a fine of `5,000/-(Rupees Five thousand only) to the 2nd respondent.
Therefore, this writ petition is allowed in the following manner:
i. Ext.P6 is set aside.
ii. The petitioner is free to submit a fresh application before the 2nd respondent by surrendering original certificates along with necessary fees and a fine of `5,000/-(Rupees Five thousand only), within a period of one month from the date of receipt of a stamped certified copy of this judgment.
iii. Once such an application with supporting documents are received, the 2nd respondent will consider the same and pass appropriate orders in
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the light of the observations in this judgment, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the application.
Sd/-
P.V.KUNHIKRISHNAN
DM
JUDGE
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APPENDIX OF WP(C) 8353/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MARKS STATEMENT ISSUED BY THE 2ND RESPONDENT DATED 20/12/2010 EXHIBIT P2 TRUE COPY OF THE SENIOR SECONDARY EXAMINATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 14.06.2017 EXHIBIT P3 TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER'S PARENTS
EXHIBIT P4 COPY OF THE ONE AND SAME CERTIFICATE ISSUED BY THE KANJIRAPPALLY VILLAGE OFFICE DATED 26.09.2016 AND 03.10.2016 WITH RESPECT TO THE PETITIONER'S PARENTS
EXHIBIT P5 THE REPRESENTATION DATED 16.12.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDEN EXHIBIT P6 COPY OF THE LETTER DATED 24.01.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 PETITIONER'S AADHAR CARD, HIS FATHER'S NAME IS SHOWN AS `K.M. MATHEWL. A COPY OF THE AADHAR CARD OF THE PETITIONER
RESPONDENT EXHIBITS
ANNEXURE R2(A) TRUE COPY OF THE PROSPECTUS IN THE YEAR 2015-16
RESPONDENT EXHIBITS
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether to allow the correction of parent's names in school certificates issued prior to the name change despite time limits in the prospectus.
Whether the petitioner should be granted a fresh opportunity to correct the certificates after paying a penalty.
1 provisions across 1 enactments
Alex Matthew
Union of India Ministry of Education
National Institute of Open Schooling Regional Centre
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
