Allowed

Bhatta Chandrashekar v. Board of Secondary Education

Telangana HC1 Apr 2022WP/8663/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition directing the Board of Secondary Education to fill the blank column for the petitioner's father in his completed SSC certificate. The court held that filling a blank column does not fall under the prohibition of Government Order No 1263 which only bars correction of existing entries or clerical mistakes.

What did the court decide?

Respondents No. 2 and 3 directed to incorporate Respondent No. 5's name as the father of Petitioner No. 1 in the SSC certificate dated 15-4-2015.

Bhatta Chandrashekar Vs Board of Secondary… — Education and Admissions | Telangana HC (2022)

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HIGH COURT^{FOR THE STATE OF TELANGANA AT HYDERABAD} (SPecial Original^{Jurisdiction)}

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FRIDAY,^{THE FIRST DAY OF APRIL} TWO THOUSAND^{AND TWENTYTWO}

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PRESENT

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THE HONOURABLE^{DR. JUSTICE G.RADHA RANI}

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WRIT PETITI^{ON NO: 8663oF 2021}

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Between:

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Bhatta Chandrashekar,^{S/o T} '.S-"-$uI^{and Bhatta'SankranthiAged' 20} vears,^{occ. stuoent,H)olo"-l-lzatt"tlg,Raj Nagar, Khairthabad, Hyderabad,} ielanoana State

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, B;;il'3;;[|.;nihi,^{olo Bhatta PuliaiahAg9d.} {s^{vears' occ Govt'' Ernplovee'} Rt o. 6^-3-1 247^t 33e, iri^{N;6;i kr.raltihaoio, Hvderabad' Telangana State}

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...PETITIONERS

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AND

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1 Board of Secondary^{Education,Telangana State,Rep by its Director Chapel} Road, NamPallY,^{HYderabad-500001'}

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2 iXJbii"ii"i "i's.rioor^{rorluiionlirup'bv its Director' o/o'Director of school} eii"ation,-sjirabad,^Hyderabad -^500004'

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J i6" Oi'.iii.t^{EOu.rtt.jnOfice, HvOeiibadDistrict, Rep by its District Education} officer, Ivlain^{Roao,t'tampailv,'rivolianjo- 500001, Benino Atia College'}

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Opposite Nizam^Colleqe.

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+. iriJ-Nrulivina^{Conce-p"t*5chool,Rep by its HeadMaster/Principal' No 7-1-} 70171 and zr, onararikiiu,^{noutl, A'meerpet, Begumpet'Hyderabad-} 500016.

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ih;;;; Nagendar, S/o.T^{Komuraiah' Aged 58 years' Occ.Chief Booking} " iro6*iiot, drraraf,nigar Railway Station' Sulthan Bagh' Moosapet Hyberabad, Telangana^State.

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...RES'ONDENTS

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Petition under^{Article 226 of the Constitutionof lndiapraying that in the} circumstances^{stated in the affidavitfiled therewith' the High Court maybe} pleasedtoissueawritmorespecificallyinthenatureofmandamusbydeclaring the^proceedings of^{the RespondentNo 2vide L Dis No 20B/Ul\ACl2O20'} dt.16.01.2021andRespondentNo.3videRc.No.59.17IG3/SSC/2020, dt.25.01 .2021 as^{arbitrary,illegal, void, and against the principles of natural} justiceandinViolationoftheFundamentalRightsGuaranteedUnderArticlel4 and 21-A of the^{Constitution of lndia, thereby direct the Respondent No 2 and 3} to incorporate the^{name of Respondent No.5 as the fatherof PetitionerNo'1 in} SSC Certificate^{of the Petitioner No.'1 , dt 15 05'2014'}

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lA NO: 1 OF 2021

Petition under^{section 151 CPC praying that in the circumstancesstated} in the affidavit filed^{in support of the petition,the High courtmay be pleasedto} SuspendtheproceedingsoftheRespondentNo.2videL.Dis.No.20B/UMcl2020' dt.16.01.2021 and^{Respondent No.3 vide Rc.No.59,171G31SSC/2020,} dt.25.01 .2021 ttll disposal^{of the presentwritpetition'}

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Counsel for the^{Petitioners: SRl. GURUPRASADPULLABATLA}

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CounselfortheRespondentNos.lto3:GPFORSCHOOLEDUCATION

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Counsel for the^{RespondentNos.4& 5: NONE APPEARED}

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The Court made^{the following: ORDER}

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THE HON'I}LE DT. JUSTICE G. RADHA RANI

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Writ Petition No.8663 of 2021

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ORDER:

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'fhis petition is filed by the petitioners to issue a writ of Mandamus declaring the proceedings of Respondent No.2 vide L.Dis.No.208/ UMC/2020, dt.1 6.01 .2021 & Respondent No.3 vide Rc.No.59l7lG3/SSC/ 2020, dt.25.01.2021 as arbitrary, illegal, void, and against the principles of natural^justice and in violation of the Fundamental Rights guaranteed under Articles I4 & 21-A ol the Constitution of India. and to direct the Respondent Nos.2 & 3 to incorpolate the narne of l{espondent No.5 as the father of Petitioner No.l in SSC certificate of the Petitioner No. l, dt.15.05.2014

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l{eard the learned counsel tbr the petitioners and the learned Government Pleader for respondent Nos. 1 to 3 .

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The learned counsel for the petitioners submitted that the petitioner No.2 and respondent No.5 were the biological parents of petitioner No.l .^'fhe parenrs of the peritioner No.l worked together at Ramagundarn and Warangal. During the course ol their service, they developed close intimacy and lived togerher under one roof, due to which the petitioner No. I was born. At the rc.levant point of tirne, the respondent No.5 ri,as already rnarried and was having 2 children" Subsequently, in the

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yeal.2006SomedisturbancesarosebetweentheparentsofpetitionerNo.l and the^{petitioner No.2 fileda criminal complaint against respondent No.5} withPolice,WarangalalrdacasewasregisteredagainstrespondentNo.5 under Section^{498-4 IPC and charge sheet was filedvide CC No 22 1 ol} 2008 on the file^{of I Additional Munsif Magistrateat Warangal' Due to} intervention of^{elders, the matter was settledoutside the cout't and an} agreement of^{abandonment/settlement was executedon 20-9-2006 and the} criminal case^{was settled in Lok Adalat vide order dated5-10-2006.In lieu} of the agreement,^{the parents of petitioner No' I werelivingseparatelyand} thepetitionerNo.2tooktheresponsibilityandcustodyofpetitionerNo.l. TherespondentNo.5paidanamountofRs.2.00lakhstopetitionerNo.2 and Rs.2.00^{iakhs for the welfare of petitioner No' I '}

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4.Thelearnedcounselforthepetitionersfurthersubmittedthatthe petitioner No.l^{passed SCC Public Examination throughNarayana Concept} School at^{Ameerpet in the year 2014 with a GPA ol 9'2 out of l0 and the} respondent No.1^{issued SSCMemo dated l5-5-2014 to that effect'While} submitting^{the applicationof petitionerNo'1 to the respondent Nol for'} appearing in SSC^{Public Examination. the petitioner No'2 did not meution} the name of^{respondent No'5 due to her personalego issues' as such the} columnpenainingtothenameofthefatherwasleftblank.Presentlythe

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DtCRll..l

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petitioner No. I rvas pursuing Master of Science (M.Sc) and was planning to pursue higher education abroad fbr a better career. To avoid visa complications and for social status, the petitioner No. I wanted his father's name to be incorporated in his SSC Memo certificate. The petitioner No. I was not having any claim, whatsoever either in the property or inheritance against respondent No.5. On the request of petitioner No. 1, the petitioner No.2 made a representation to respondent No.4 to forward the application ol petitioner No.l to incoryorate the father's name ol petitioner No.1 in his SSC Memo certificate by enclosing all the requisite documents as per procedure vide representation dated l0-11-2020. The respondent No.4 lorwarded the application to respondent No.3 and the respondent No.3 after verification lorwarded it to the respondent No.2. The respondent No.2 declined the application and passed the inrpugned proceedings.

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The iearned counsel fbr the petitioners further submitted that C.O.Ms. No.i263 had no application, the respondents No.2 and 3 had misinterpreted the said GO and failed to exercise their powers to incorporate the father's name of petitioner No.l in his SSC certificate. The suggestion of the respondents No.2 and 3 for publication in gazette had no implication to the facts and circunrstances of the case. The respondent No.l had ample po\i,ers to incorporate the tather's narne of petitioner No. I in his

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SSC memo.^{No prejudicewouldbe caused to the respondentsNo 1 to 3 by} incorporating^{the father's name of the petitioner in the SSC ceftificate.The} petitioner No. I had^{furnished his birth ceftificate. translercertitlcateissued} by respondent^{No.4, the agreement dated 20-9-2006 along with Lok Adalat} order and requisite^{declarationaffidavits and prayedto allow the Writ} petition by directing the respondents No.2 and^{3 to incorporate the name of} the father of^{petitionerNo. I in his SSC certificate'}

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6.TheleamedGovemmentPleaderforSchoolEducationsubmitted that no corrections^{couldbe made in the entriesrelating to name, father's} sumame etc.^{in the completed SSLCor HSC or HS (Multi purpose) as per} Section 'C' of^{GO Ms No 1263, Edn, dated6-5-1961 except for the} clerical mistakes.^{The petitionerNo'1 could anangeto notifo at his own} cost any change^{by way of publicationin Gazette and prayedto dismiss the} petition.

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Perused the^{record.Section 'C' ol G'O'Ms No l263 Education} Department,^{dated 6-5-1961is with regard to Rules,whichare as under}

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.RULES FOR THE CORRECTION OF THE ENTRIES RELATING TO^{THENAME, SURNAME'FATHER'SNAME,} CASTE, RELIGION^{ETC.. IN COMPLETED SECONDARY} SCHOOL LEAVING^{CERTIFICATEORHIGHER} SECONDARY^{CERTIFICATES OR HIGHER SECONDARY} (MULTIPURPOSE)^{CERTIFTCATES.}

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( I ) No application shall be entertained by the Govemment or any officer of the Educational Department for the correction of the entries relating to nanre, flather's name, caste religion etc., in tlre completed Sccondary School Leaving Certificate or Higher

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Secondarl' Certificates or Higher Secondary Certificates or Higher Secondary (Multipurpose) Cenificates, unless it be for the correction o1'obviously absurd entries or clerical mistakes committeci in the school or olfice records of the Education Depanment.

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(2) The person alfected nray, howcvcr. arrange to notify at his or her own cost, any such change of name, father's name caste or religion in the Andhra Pradesh Gazetre and shall keep a copy of the notification in the concerned certificate.

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(3) No correction need, however, be made in the certificates or the school records as a result of the notification referred to in rule 2 above.

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(t]Y ORDER AND IN TFIE NAME OF TI,IE GOVERNOR OF ANDHR.A PLADESH)."

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and the same was informed by the respondents No.2 and 3 vide impugned orders dated l6-l-2021 and 25-1-202 l, respectively.

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The learned counsel tbr the petitioners also relied upon the Full Bench^judgnrent of the Orissa High Court in Safyasiva Sundar Nayak v. Secretary, Board of Secondary Education, Orissa and othersr wherein also the question of law that whether the change of the name or sumame of father and mother of a candidate who had already appeared at the High School Certiflcate Examination and obtained the Board Certificate (H.S.C.) incorporating the names of the parents is permissible on the basis of a

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'^{(2019)2 Ori. Larv Rev.} 6{

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colTectionintheschoolrecordmadesubsequenttothatdateisconsidered

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and held^that:

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"6.4. There^{cannol be anythingunderthe sun where mistake} .u*oi "r."p^{in. What is t'e"es=a'y to be determinedis whether} il;;it^{;;rfiy a genuinemistake or not ? Therefote'it does not} aueur well for^{a statutory authority likethe Board dealingwith} the" cases of^{students to take a standthat it uill not maKean</sup> it ir ro^{directedbv a civil court in a.suit' lrin} ;;;;;;;"i;;, ;;;;;;;t" " suit^{is requiredto be filed bv the students'it is} on *}'ut^{basis,the Boardwill cortestsuch} ;;'J#il-;ni r"ir.. ifr.^{u."ataken by the Board appearsto be a thoughtless} ;;;l;;;";;. such a^{stand willnot onlvcause injustice to the} ,iua.n,,^{withgenuine casesof mistake' but} "r'ill^{also invoh'ethe} ;;;;Ji; hfu;.ds^{of litigation in civil court without having anv} ;ff;; ,uy o, a"i.n".-in^{the matter'lleld so' it aliowedthe} writ petition.}

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When^{a minor is admitted in the primary school' theschool} is maintained^{bv thc co,cerned. teache'rolthat} ;il;;;;r;;i;;r school.^{tiany bona fide mistake occursin the school admlsslon} reuister. lhen^{the same cenltotcotttinuc At tlte tinlc ot hllingttp} "Eh.^{fo,rn," appearat the HSC Examination or after issttance} "i^{nic .""in.ite il mistake is detected'thc Board can rectil-Y} ;h"';;;..^{The Division Bench rightlv- helcl that. the authoritics} i..uinn u document^{hare the pouer ol' making nccessarl'} are sutisfi"d^{about anl i,corrcctness Such} """..ii""t,-ii,rrl1' power is ancillarY.

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We^{areunableto acceptthe view ol the reference courl that} of the Directorate^{of Education'Orissawithregard} th. "ir"utur the records^{of the school in respect of parents'} i"-"".."ii"" "f sumame^{canbe madewhena student continuesin the} ;;;; "il school and^{is not yet sent up for fillingup the.formsto appear} ifr"^{g";ra examinationand not thereafter'Allowing this at a} later stage^{mayencourage unnecessarycomplicationin cases} iir." uaoition.^{ihe apprehension is unfounded'}

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We are^{consciousol the socio economic conditionsof} ,ira"""^{admittedinto the Goverr.rmentPrimary Schoolsof the} of the^{studentsbelong to.the lorver rung of the} i;. il. ;;;;y: ih;^{Board authoritiesmusi realise the ground realitv'} ifr.v''""""",^{denudethe just claim of a student on jejune} grounds.

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Dt.GRR,J wP.No.8663 ol2021

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Ubi Jus Ibi Remedium - for every wrong, the law provides a remedy. The same is a fundamental principle of equity jurisprudence.

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When the question of adoption arises, the Board in appropriate cases may reject the same. But when a father's/mother's name has been wrongly entered into the school admission register. the same cannot be allowed to continue."

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In tlre- present case also no tl'aud or m isrepresentat ion has been

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projected by the respondents or no motlves are imputed against the petitioner No.l to reject his application. The name of the father of petitioner No. l was left blank in the Secondary School Certificate and the petitioner is requesting it to be entered lor his social recognition or to avoid any visa complications. Section 'C' of G.O.Ms. No 1263, Edn. dated 6-5-1961 is not a bar for entering the name olthe father of the petitioner No. I as the petitioner No. t is not seeking for any correction ol the entries 'but only seeking to till up the column which was left blank. As the petitioner No.l had produced valid documents Iike date of birth, passport, transfer cer.titlcate issued by Respondent No.4, agreement dated 20-9-2006 between his parents along lr,ith the order passed by the Lok Adalat and requisite declaration atfldavits, there must be no difficulty lor the lespondents lor entering the name o1'the father o1'the petitioner No. I in his SSC certificate. Hence, it is considered fit to give a direction to the respondents No.2 and 3 to incorporate the name of respondent No.5 as the

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father of petitioner^{No. I in the SSC certificate of the petitionerNo. i dated}

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1s-4-2015.

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Hence, the Writ^{Petitionis allowed setting asidethe impugned} proceedings. The^{respondentsNo.2 and 3 are directed to incorporatethe} name of respondent^{No.5 as the t'atherol petitionerNo.1 in the SSC}

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certificate of the^{petitionerNo. I dated l5-4-20I 5. No order as to costs.}

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Miscellaneous Petitions^{spending,if any, shall stand closed'}

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SD/-K.AMMAJI ASSISTANT^REGISTRAR 'rRuE^coPY' secrffrDor'cen

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secrffrDor'cen

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'o',r^{The Director, Board of Se^c^ondary Education' Telangana State'Chapel Road'} , +nrs?..[t#;rrir:ar-:r0^3!!|or^{Education,o/o Director of schoor Education'}

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