Showkat Ahmad Khatana vs Chairman Bose & Ors on 5 October, 2023

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Jammu & Kashmir High Court - Srinagar Bench

Showkat Ahmad Khatana vs Chairman Bose & Ors on 5 October, 2023

1. The petitioner in the instant petition filed under Article 226 of the Constitution states that at the time of his admission in Government High School Gogji Pathri Nilnag, Chadoora, his admission form was filled up by the Office of respondent no.4 though reflect the particulars of the petitioner correctly therein, however, wrongly entered the name of his father as Ghulam Ahmad Khatana, instead of Ahmad Din Khantana.

2. It is being stated that the petitioner was ignorant about the said position at that point of time, however, upon coming to know about the said mistake approached the official respondent/Board for effecting the correction in the name of his father and submitted a requisite application along with an affidavit as advised by the respondents, besides a notice published in the local daily newspaper in addition to furnishing of copy of ration card of his father issued by Department of Consumer Affairs and Public Distribution J&K, his permanent residence certificate issued by Sub Divisional Magistrate, Chadoora.

3. It is being stated that the respondents despite fulfilment of aforesaid formalities as advised by them, on the part of the petitioner, the respondents did not correct the parentage of the petitioner and instead rejected the claim of the petitioner in terms of impugned communication dated 10.06.2016.

4. Objections to the petition have been filed by the respondents, wherein it is being stated that the name of the father of the petitioner had been recorded as Ghulam Ahmad Khatana in his school records and same were entered into the records maintained by the respondent/Board, as such, the correction sought by the petitioner in the name of his father could not be effected and that same cannot be sought to be corrected by the petitioner through the instant petition, that too, in presence of the statutory regulations which prohibit effecting of such correction after a period of one year from the date of issuance of 10 th Class qualification certificate.

Heard learned counsel for the parties and perused the record.

5. Before proceeding to advert to the issue raised in the petition, it would be advantageous and appropriate to refer to notification No. F(Acad-C) Corr./B/09 dated 16.02.2009, issued by the respondent/Board wherein Clause (15) being relevant herein provides as follows:-

"15. Correction in name, parentage, sub-caste, etc. Candidate who has been enrolled for any examination of the Board applying for change in his name, or in the name of his father or guardian or sub-caste is required to pay the prescribed fee and the following procedure shall be followed in this behalf :-

(i) An affidavit duly sworn before a 1st Class Magistrate by the father or the guardian of the student, and advertisement in at least one local newspaper, will be necessary in all such cases where change in name or sub-case of the candidate is sought for purpose of proving identity.

(ii) Besides advertising the change in name, parentage or sub-caste in any one local newspaper the proposed change shall be advertised in the Government Gazette.

(iii) No application shall be entertained unless ordinarily it comes through the Principal/ Headmaster/ Headmistress of the Higher Secondary/Secondary School last attended by him or her and is invariably accompanied by the Affidavit and the cutting from the Newspaper in which the advertisement is published within a period of one year from the date of issue of the Secondary School Education qualification certificate.

Provided that a candidate who has not been a regular student of any recognized school may apply direct to the Secretary of the Board.

(iv) Change in parentage may be made in the Board records only in cases where it is established by the filing of an Affidavit duly attested by a Magistrate of Class 1st, to the effect that the mistake was bonafide and due to clerical error. The above procedure will also be followed in the connection.

(v) Only one change either in the candidates name or sub-caste or in parentage should be made at a time.

(vi) All applications for change in name, parentage, or sub - caste or sub-caste by students who cannot produce the school record shall be considered by the Board on its merits."

A bare perusal of the aforesaid regulation would suggest that the same provides for the procedure to be followed in a case where corrections in name, parentage, date of birth, sub-caste, etc., is being sought by a candidate.

6. It is admitted fact that the petitioner applied to the respondents for entering correct particulars (name) of his father in the Board as Ahmad Din Khatana, instead of Ghulam Ahmad Khatana after having completed all the requisite formalities required to be fulfilled in this regard. It is also not in dispute that for effecting corrections in name, parentage, caste, etc. the respondent/Board has the aforesaid regulations in place providing for such corrections. It is not being denied by the respondents that the petitioner while seeking correction of the name of his father in the records maintained by the Board substantiated his plea by placing on record various documents issued by various Government Departments which explicitly reflected the name of the father of the petitioner as Ahmad Din Khatana, as such, in presence of the aforesaid factual position inasmuch as in the light of the regulation supra, the respondent/Board ought to have effected the correction as sought by the petitioner. However, the respondents in terms of impugned communication dated 10.06.2016 have in a routine and causal manner, rejected the claim of the petitioner merely by filling the blanks in the said impugned communication which action of the respondents cannot said to be fair, reasonable and countenanced by law. The respondents while decline to correct the name of the father of the petitioner seemingly have infringed the rights and interest of the petitioner with impunity as the petitioner has been virtually made to change/loose his identity and forced to be known not by his lineage through his parentage i.e. through his father but through a stranger. Thus the said inaction of the respondent/Board cannot said to be having any sanctity of law.

7. Viewed thus, what has been observed, considered and analysed hereinabove, impugned letter/communication No. 2489/I.No. 32 (Certs.Corr.B) KD/2016 New Campus Bemina Srinagar, dated 10.06.2016 by issuance of a Writ of Certiorari is quashed and by issuance of Writ of Mandamus, the respondent/Board is commanded to effect necessary corrections in the relevant records qua the parentage of the petitioner (father's name) as sought by the petitioner without any further delay preferably within a period of four weeks from the date a copy of this order is produced by the petitioner before the respondents.

8. Disposed of.

(Javed Iqbal Wani) Judge SRINAGAR .09.2023 "S.Nuzhat"

                   i. Whether the order is speaking:      Yes/ No
                   ii. Whether the order is reportable:   Yes/No

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Jammu & Kashmir High Court - Srinagar Bench