Andhra Pradesh High Court - Amravati
Addanki Sri Jayanthi Sneha vs The State Of Ap on 11 February, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.3503 of 2021
Order:
This Writ Petition is filed challenging the proceedings dated
17.06.2020 issued by the first respondent refusing to correct the spelling
of the petitioner's name as "Jayanthi" in the place of "Jayanti" as per the birth certificate issued by the officials of the Municipal Corporation, as illegal and arbitrary.
The case of the petitioner is that she is prosecuting B.Tech course and recently she observed that in the school certificates her name was scribed as 'Addanki Sri Jayanti Sneha' instead of 'Addanki Sri Jayanthi Sneha' i.e., the word 'h' is missing in her name; the said mistake was carried in the Secondary School Certificate which was issued on 06.05.2017; the birth certificate issued by the municipal authorities shows the name of the petitioner correctly as "Jayanthi"; petitioner approached the School where she studied 10th Class and submitted all the relevant records; the Head Master of the School addressed a letter for correction of the same; pursuant to which the first respondent issued proceedings dated 17.06.2020 rejecting the request made by the petitioner by placing reliance on G.O.Ms.No.1263, Education Department, dated 06.05.1961; challenging the same, the present Writ Petition is filed.
Learned counsel for the petitioner Ms. Maanasa K submits that the rules have been made for correction of date of birth in the Secondary School Leaving Certificates, Higher Secondary Certificates and Higher Secondary (MP) Certificates through G.O.Ms.No.1263, Education Department, dated 06.05.1961. She submits that even though the title 2 of the rules is with regard to correction of date of birth, the said rules also deal with correction of name etc. and that there are three sections in the said GO and Section-C deals with rules for correction of entries relating to the name, surname, father's name, caste, religion etc., in completed Secondary School Leaving Certificate or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates and that the said Section-C is applicable to the case of the petitioner. She further submits that as the said rule contemplates correction of clerical mistakes, the respondents ought not to have rejected the request of the petitioner.
As seen from the impugned order, the request of the petitioner was rejected on the ground that there is no proof of school record for correction in the Secondary School Certificate. The operative portion of the impugned order dated 17.06.2020 reads as follows.
"On the verification of the proposals it is observed in the instant case it is noticed that there is no proof of school records for correction in the SSC certificate.
Hence, the proposals is hereby returned as per G.O.Ms.No.1263, Education dt: 06.05.1961 to the District Educational Officer, Visakhapatnam along with original SSC bearing Roll No.1738116583/March, 2017 and he requested to take necessary action accordingly."
But, the birth certificate, which was issued by the Municipal Corporation of Hyderabad on 07.02.2007, shows the name of the petitioner correctly as "Addanki Sri Jayanthi Sneha". The date of birth certificate produced by the petitioner is part of the school record. Section-C of G.O.Ms.No.1263, Education Department, dated 06.05.1961, deals with rules for correction of entries relating to the name, surname, father's name, caste, religion etc., in cases of candidates who have completed Secondary School Leaving Certificate or Higher Secondary 3 Certificates or Higher Secondary (Multipurpose) Certificates. Rules 1 to 3 of said Section-C reads as follows.
"1. No application shall be entertained by the Government or any officer of the Educational Department for the correction of the entries relating to name, father's name, caste religion etc., in the completed Secondary School Leaving Certificate or Higher Secondary Certificates or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates, unless it be for the correction of obviously absurd entries or clerical mistakes committed in the school or office records of the Education Department.
2. The person affected may, however, arrange to notify at his or her own cost, any such change of name, father's name caste or religion in the Andhra Pradesh Gazette and shall keep a copy of the notification in the concerned certificate.
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."
As seen from the said rules, the clerical mistakes committed in the school or office records of the Education Department can be corrected. As seen from the impugned order it is observed that there is no proof of school record for correction of SSC certificate, but the date of birth certificate furnished by the petitioner is also a school record. As G.O.Ms.No.1263 dated 06.05.1961 enables the correction of clerical mistakes in the name of a candidate which is committed in the School or office records of the Education Department, the impugned order is liable to be set aside.
Accordingly, the Writ Petition is allowed and the impugned order is set aside. The first respondent or the appropriate authority is directed to 4 reconsider the issue and issue necessary proposals to the third respondent or any other appropriate authority for making appropriate correction in the name of the petitioner and issuance of necessary certificate to the petitioner herein. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ KONGARA VIJAYA LAKSHMI, J Date:15.02.2021 Nsr 5 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.3503 of 2021 Date:15.02.2021 Nsr