Gujarat High Court
Mall Sakshi Sanjeevkumar vs State Of Gujarat on 15 October, 2025
NEUTRAL CITATION
C/SCA/13272/2025 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13272 of 2025
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MALL SAKSHI SANJEEVKUMAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VEDANT D GAIKWAD(10444) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
MR AD OZA(515) for the Respondent(s) No. 2
MR VIKAS V NAIR(7444) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 15/10/2025
ORAL ORDER
[1] By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court for the following reliefs :
"(17) (A) Your Lordships may be pleased to admit writ petition and further be pleased to issue fresh academic documents with corrected name of the petitioner;
(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions directing respondent authority to decide representation dated 0101.2025 (mark. Annex. 'G' colly) and further direct Page 1 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined respondent authorities to correct name of petitioner in SSC Marksheet (Ann-C), HSC Marksheet (Ann-D), School Leaving Certificate (Ann-E) and Gujarat University Marksheets (Ann-F) from "Sakshi Mall Sanjeevkumar Mall" to "Mall Sakshi Sanjeevkumar" and thereby issue fresh SSC Marksheet, HSC Marksheet, School Leaving Certificate and Gujarat University Marksheets to the petitioner within a stipulated period of time;
(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"
[2] Short facts of the case can be stated as under:
[2.1] The petitioner was born on 28.09.2000 and accordingly, the birth certificate was issued by the competent authority wherein in the details of the birth certificate, the name of the petitioner has been shown as Sakshi Sanjeevkumar Mall however, while admission in the school, inadvertently, in the school register certificate, the details were incorporated as 'Sakshi Mall Sanjeevkumar Mall'. Accordingly, in the Secondary School Certificate (SSC), Higher Secondary Certificate (HSC) and University Mark-Sheet, discrepancy occurred so far as the name is Page 2 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined concerned.
[2.2] To rectify such discrepancy in the Secondary School Certificate (SSC), Higher Secondary Certificate (HSC), University Mark-Sheet on the basis of the Birth Certificate, the petitioner approached the Office of Respondent no. 2 and 3 herein and the school; however, the representation of the petitioner were not decided (at Annexure-G).
[3] Being aggrieved by the aforesaid, the petitioner has approached this Court for the aforesaid reliefs.
[4] Since the issue involved is in narrow compass and is well-settled by-now, the matter is taken up for final hearing at the admission stage itself.
[5] Hence, Rule returnable forthwith.
[6] Heard Mr. Vedant D. Gaikwad learned advocate for the
petitioner. Mr. Nikunj Kanara, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1. Mr. Meet Shah, learned advocate for Mr. A. D. Oza learned Page 3 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined advocate appears on advance copy and waives service of notice of Rule on behalf of respondent No.2 Board and Mr. Vikas Nair for respondent No.3.
[7] The issue with regard to correction in the School Leaving Certificate/record is no more res-integra. This Court has, in the case of Vasudev Prahladbhai Patel vs. State of Gujarat and others reported in 2019(2) GLR 1474, has held as under:
"8. At this stage, this Court would like to refer the observations made by the learned Single Judge of this Court in the order dated 09.10.2006 passed in Special Civil Application No. 4337 of 2006, especially, Paragraph-9 thereof, which reads as under:
"Para-9. Looking to the facts and circumstances of the case and, the Certificate issued under section 12 and 17 of The Registration of Birth and Death Act,1969 the prayer as prayed for is required to be granted since the documents at Annexure 'A' is a statutory Certificate, which has very high evidentiary value. So far as the facts, which are mentioned in the said Certificate at Annexure "A" reveal the date of birth of the petitioner as 28.08.1982. The details given in the Certificate have been recorded as per the statutory provision under the Act,1969. The date of birth mentioned in Annexure "A"
ought to have been reflected in Certificate at Annexure "B" issued by the respondent No.2. The contention raised by the learned counsel appearing on behalf of the respondents that in pursuance of the Rule 12 of Gujarat Secondary Education Rules 1974, such amendment in the school leaving certificate is not permissible, once the Page 4 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined student, present petitioner has left the school. This contention is not accepted by this Court mainly for the reason that errors are required to be corrected. The respondents are not error proof authorities. If the error has been accepted by the respondents denial of corrections of the documents is an arbitrary action. The only question, which is now left out is mandamus operandi for carrying out the corrections in school leaving certificate. There can be several methods of corrections of school leaving certificate like direct correction in the school leaving certificate itself or by keeping the certified copy of birth registration certificate issued by the State of Gujarat under Sections 12 and 17 of the Registration of Birth and Death Act 1969, by the concerned school in their register and amended copy of school leaving certificate can be given to the petitioner or by putting notes in margin that this amendment in the birth date is carried out as per the certificate issued by the State Government, but, total denial by the concerned respondents that they shall not amend the school leaving certificate, despite the certificate of birth issued by the State of Gujarat tantamounts to violation of public duty and hence, writ of mandamus is issued upon the concerned respondents to carry out necessary amendment in school leaving certificate on the basis of document issued by the State of Gujarat namely the Birth Certificate issued under the Act, 1969. It is for the concerned respondent school to keep and preserve a certified/original of Annexure "A" in the school register and thereafter, they can issue the corrected copy of school leaving certificate by putting necessary notes in the margin. But the error has to be corrected by the concerned respondents authorities. There cannot be any error, which cannot be corrected. Rule made absolute to the aforesaid extent with no order as to costs."
"9. Similar observations were also made in Paragraph-8 of the order dated 13.02.2007 passed by the learned Single Page 5 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined "Para-8. Looking to the facts and circumstances of the case and the Certificate issued under Sections 12 and 17 of the Act, the prayer as prayed for is required to be granted since the document at Annexure 'A' is a statutory Certificate, which has very high evidentiary value. So far as the facts, which are mentioned in the said Certificate at Annexure "A" reveals the date of birth of the petitioner is 12-12-1976. The details given in the Certificate have been recorded as per the statutory provision under the Act. The date of birth mentioned in Annexure 'A' ought to have been reflected in Certificate at Annexure "B" issued by the respondent No.4. The contention raised by the learned counsel appearing on behalf of the respondents that in pursuance of the Rule 12 of the Gujarat Secondary Education Rules, 1974, such amendment in the School Leaving Certificate is not permissible, once the student, present petitioner has left the school. This contention is not accepted by this Court mainly for the reason that errors are required to be corrected. The respondents are not error proof authorities. If the error has been accepted by the respondents, denial of corrections of the documents is an arbitrary action. The only question which is now left out is mandamus operandi for carrying out the corrections in the School Leaving Certificate. There can be several methods of corrections of School Leaving Certificate like direct corrections in the School Leaving Certificate itself or by keeping the certified copy of birth registration certificate issued by the State of Gujarat under Sections 12 and 17 of the Act, by the concerned School in their register and amended copy of School Leaving Certificate can be given to the petitioner or by putting notes in margin that this amendment in the birth date is carried out as per the certificate issued by the State Government, but, total denial by the concerned respondents that they shall not amend the School Leaving Certificate, despite the certificate of birth issued by the State of Gujarat tantamounts to violation of public duty and hence, writ of mandamus is issued upon the Page 6 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined concerned respondents to carry out necessary amendment in School Leaving certificate on the basis of documents issued by the State of Gujarat, namely, the Birth Certificate issued under the Act. It is for the concerned respondent school to keep and preserve a certified/original of Annexure A in the School Register and thereafter, they can issue the corrected copy of School Leaving Certificate by putting necessary notes in the margin. But the error has to be corrected by the concerned respondents authorities. There cannot be any error, which cannot be corrected."
"11. The Division Bench of this Court in the order dated 24.11.2011 passed in Letters Patent Appeal No.239 of 2011, even after considering the provisions of alternative remedy under the concerned regulation, observed in Paragraph-11 as under:
"Para-11. This Court is, therefore, left with two alternatives, first being that to relegate the appellant to the Civil Court for pursuing his cause while setting aside the order impugned and secondly, to set aside the order impugned and, instead of insisting the appellant to pursue alternative remedy, exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and to issue a direction to the school authorities for making necessary correction, particularly when there is no dispute about the genuineness of the certificate of birth and the date of birth indicated therein. In our view, a citizen need not be made to run from pillar to post for such a genuine and petty cause and we deem it proper to opt for the second alternative in the peculiar facts of this case."
[8] In the aforesaid judgment, wherein, it was held that the change in the school leaving certificate can certainly be carried-out, Page 7 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined after the petitioner leaves the school, taking into consideration the public document that may be placed on record. The birth certificate is an authenticated document, which is issued by the State Government and the respondent authorities can certainly be rely upon the birth certificate and make changes in the Secondary School Certificate (SSC), Higher Secondary Certificate(HSC) and University Mark-Sheet. The Hon'ble Division Bench as referred above also considered identical objections, with respect to the petitioner to be relegated to avail the remedy under Rule 12 of the Rules, however, it was held that, instead of insisting the petitioner to pursue alternative remedy, exercise of powers under Article 226 of the Constitution of India is required to be undertaken and direct the school authority to make the necessary correction, particularly, when there is no dispute with regard to the genuineness of the birth certificate.
[9] Considering the position of law as referred above, the submissions advanced by the learned advocates appearing for the respective parties and considering the aforesaid documents, which are placed on record. The respondents Nos.2 and 3 are hereby Page 8 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025 NEUTRAL CITATION C/SCA/13272/2025 ORDER DATED: 15/10/2025 undefined directed to consider the correction in name of the petitioner in the Secondary School Certificate (SSC), Higher Secondary Certificate(HSC), University Mark-Sheet from 'Sakshi Mall Sanjeevkumar Mall' to 'Sakshi Sanjeevkumar Mall' as has been prayed by the petitioner in accordance with the law laid down by this Court, as referred to above, as expeditiously as possible. Once the said correction is carried out, then the said corrected document shall be provided to respondent No.3 - University for necessary correction in the University Mark-sheet also which shall be carried out by the University as expeditious as possible.
[10] With the aforesaid, the present Petition stands allowed.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIRAL R. MEHTA,J) CHANDRESH Page 9 of 9 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:10:04 IST 2025