Gujarat High Court
Ishwarbhai Raghunathbhai Patel vs The Principal on 18 June, 2025
NEUTRAL CITATION
C/SCA/188/2025 ORDER DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 188 of 2025
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ISHWARBHAI RAGHUNATHBHAI PATEL
Versus
THE PRINCIPAL & ORS.
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Appearance:
MR KAVAN K PATEL(11303) for the Petitioner(s) No. 1
MR MAYANK R CHAVDA, AGP for the Respondent(s) No. 2-4
MR AD OZA(515) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 18/06/2025
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 :
"A. Your Lordships may be pleased to allow and admit this petition;
B. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the order dated 01.06.2024 passed by Ld. Add. Judicial Magistrate First Class, Deesa (Annexure-A) in the interest of justice.
C. Your Lordships may be pleased to direct the Respondent Authority to correct the surname of the present petitioner in the School Leaving Certificate from "Padhiyar" to "Patel" and issue school leaving certificate after correcting the same in the interest of justice.
D. To pass such other and further orders necessary in the interest of justice."Page 1 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025
NEUTRAL CITATION C/SCA/188/2025 ORDER DATED: 18/06/2025 undefined
2. Short facts of the case can be stated as under :
2.1 The petitioner was born on 30.9.1997 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 'Ishvarbhai Rugnathi Patel';
however, while admission in the school, inadvertently, in the school Register, the details were incorporated as 'Ishvarbhai Rugnathji Padhiyar'. Accordingly, in the School Leave Certificate and the Birth Certificate, discrepancy occurred so far as the Surname is concerned.
2.2 To rectify such discrepancy in the School Leave Certificate on the basis of the Birth Certificate and other Government documents, the petitioner approached the school authority; however, the school authority refused to make such correction in the School Leave Certificate and informed to obtain order from the Court.
2.3 Pursuant to the same, the petitioner made an application under Rule 12 before the learned Additional Chief Judicial Magistrate, Deesa by way of Misc. Application No.310 of 2022; however, the same was rejected by the learned Additional Chief Judicial Magistrate, Deesa on 1.6.2024 on the ground of in absence of any direction from the High Court of Gujarat, the application under Rule 12(A)(6) cannot be considered.
3. Being aggrieved by the aforesaid, the petitioner has approached this Court for the aforesaid reliefs.
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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. Mr.Mayank Chavda learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent Nos.2 and 4. Mr.A.D. Oza learned advocate waives service of notice of Rule on behalf of respondent No.3. The respondent No.1, though served, has chosen not to appear and contest the matter.
7. The issue with regard to correction in the School Leaving Certificate is no more res-integra. This Court has, in the case of Vasudev Prahladbhai Patel v/s. State of Gujarat & Ors. 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 Page 3 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025 NEUTRAL CITATION C/SCA/188/2025 ORDER DATED: 18/06/2025 undefined "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 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 can not be any error, which can not 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 4 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025 NEUTRAL CITATION C/SCA/188/2025 ORDER DATED: 18/06/2025 undefined Judge in Special Civil Application No.3259 of 2007, which reads as under:
"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 School 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 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 Page 5 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025 NEUTRAL CITATION C/SCA/188/2025 ORDER DATED: 18/06/2025 undefined 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 can not 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, 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 school leaving certificate. The Hon'ble Division Bench as referred above also considered identical Page 6 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025 NEUTRAL CITATION C/SCA/188/2025 ORDER DATED: 18/06/2025 undefined objections, with respect to the petitioner to be relegated to avail the remedy under Rule12 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 impugned order dated 1.6.2024 passed by the learned Additional Chief Judicial Magistrate, Deesa is quashed and set aside. The respondent No.2 is hereby directed to consider the change in Surname of the petitioner in the School Leaving Certificate 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.
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) V.J. SATWARA Page 7 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Jun 19 2025 Downloaded on : Fri Jun 20 00:59:02 IST 2025