Kerala High Court
Mathew Anil Parakkal vs School Of Engineering And Technology on 22 February, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
WP(C).No.1877 OF 2021(H)
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. (POWER OF ATTORNEY IS ATTACHED).
BY ADVS.
SMT.JEENA JOSEPH
SRI.G.DAMODARA PANICKER
RESPONDENT/S:
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
R1-2 BY ADV. SRI.K.MOHANAKANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1877 OF 2021
2
JUDGMENT
Dated this the 22nd day of February 2021 This writ petition is filed seeking the following reliefs:-
(i) Issue a writ of Mandamus directing the 1 st and 2nd respondent to consider Exhibit P11 application submitted by the petitioner and correct/change the petitioners name in the Degree certificate and Marks Statement produced as Exhibit P9 and P10 as "Mathew Anil Parakkal" instead of "Mathew Anil".
(ii) Declare that the petitioner has every right to add his Family name 'Parakkal' along with his name Mathew Anil in all the Educational certificates.
2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the Indira Gandhi National Open University.
3. It is submitted by the learned counsel for the petitioner that the petitioner is a permanent resident of Chalakkudy and is employed at Dubai. He has married a Swiss citizen and requires a change in his name showing his family name along with the name of the petitioner and his father for applying for a residence permit in Switzerland.
WP(C).No.1877 OF 2021 3
4. It is submitted that the petitioner has produced all required documents, including his Aadhar card, pan card, passport, marriage certificate, birth certificate and school leaving certificates along with the paper publication showing the change of his name and seeks a correction to be carried out in his degree certificate. However, the request made by the petitioner for correction has not been responded to.
5. A statement has been placed on record by the learned counsel for the respondents. It is submitted that Ext.R1(a) notification issued by the IGNOU on 22.01.2021, which is a guideline for the corrections in the degree certificate, specifically says that application for change of name will be entertained only before the student is awarded the Degree/Diploma certificate in the convocation and such application shall not be entertained under any circumstances after such conferment of the degree.
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 WP(C).No.1877 OF 2021 4 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.
7. In the above factual situation, I am of the opinion that the refusal to consider the request on the ground that it was made after the conferment of the degree, is completely unjustified. Moreover, Ext.R1(a) guidelines are issued only on 22.01.2021, while the application preferred by the petitioner is of the year 2019. I am of the opinion that the request made by the petitioner for change of name is liable to be considered by the respondents in accordance with law. This is specifically so in view of the fact that the petitioner has produced all supporting documents and there appears to be no doubt as to the identity of the petitioner.
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 WP(C).No.1877 OF 2021 5 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 period of one month from the date of receipt of a copy of the judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ssa WP(C).No.1877 OF 2021 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE CORRECTED AADHAR CARD ISSUED BY THE GOVERNMENT.
EXHIBIT P2 A TRUE PHOTOCOPY OF CORRECTED PASSPORT ISSUED BY THE AUTHORITIES TO THE PETITIONER.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE IDENTIFICATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, EAST CHALAKUDY DATED 24.5.2019 EXHIBIT P4 A TRUE PHOTOCOPY OF THE CORRECTED CERTIFICATE OF MARRIAGE ISSUED BY THE MARRIAGE OFFICER CHALAKKUDY EXHIBIT P5 A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 15/10/2019 EXHIBIT P6 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH ON 11/2/2020 EXHIBIT P7 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE CARMEL PUBLIC SCHOOL CORRECTING THE NAME OF THE PETITIONER EXHIBIT P8 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE CRESCENT PUBLIC SCHOOL CORRECTING THE NAME OF THE PETITIONER.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY.
EXHIBIT P10 A TRUE PHOTOCOPY OF THE STATEMENT OF MARKS ISSUED BY THE IGNOU EXHIBIT P11 A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S MOTHER BEFORE THE RESPONDENT DATED 26.11.2019 EXHIBIT P12 A TRUE PHOTOCOPIES OF THE REMINDER EMAILS SENT BY THE PETITIONER TO THE RESPONDENTS. WP(C).No.1877 OF 2021 7 RESPONDENT'S/S ANNEXURE:
ANNEXURE R1(A) A TRUE COPY OF THE NOTIFICATION NO.IG/SED/EXAM-III/2020 ISSUED BY THE REGISTRAR, IGNOU ON 22/01/2021