Kerala High Court
Of Kerala vs The Wp(C) on 4 October, 2019
Bench: A.M.Shaffique, T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
WA.No.1542 OF 2019
AGAINST THE JUDGMENT IN WP(C) 39055/2017(F) OF HIGH COURT
OF KERALA
APPELLANTS/RESPONDENTS 3, 1, 2 AND ADDL.5TH RESPONDENT IN
THE WP(C):
1 THE JOINT COMMISSIONER FOR GOVERNMENT
EXAMINATIONS,
PAREEKSHA BHAVAN, POOJAPPURA,
THIRUVANANTHAPURAM-695012.
2 THE STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE COMMISSIONER FOR GOVERNMENT
EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPPURA,
THIRUVANANTHAPURAM-695012.
4 THE DISTRICT EDUCATIONAL OFFICER,
MANJERI.
BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR
WA No.1542/19
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RESPONDENTS/PETITIONER & RTH RESPONDENT IN THE WP(C):
1 JESSY V.,
D/O.JOHNY, VAZHANASSERIL HOUSE, TEMPLE ROAD,
NELLIPARAMBU, KARUVAMBRUM.P.O., MANJERI,
MALAPPURAM-676123.
2 HEADMISTRESS,
H.M.Y.HIGHER SECONDARY SCHOOL, PANDIKKAD ROAD,
MANJERI, COLLEGE.P.O., MALAPPURAM-676122.
R1 BY ADV. SRI.VINOD VALLIKAPPAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA No.1542/19
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JUDGMENT
Dated this the 4th day of October 2019 Shaffique, J.
This appeal is filed by the State and its authorities challenging an order passed by the learned Single Judge in WP(C) No.39055/2017 by which direction had been issued to the additional 5th respondent to carry out necessary corrections in the petitioner's SSLC book with regard to the name of her father, religion and caste within a specified time.
2. Learned Government Pleader while impugning the aforesaid judgment submits that neither Rule 3(1) of KER or the Government Order Ext.R3(a) permits the 5th respondent to make any such corrections.
3. On the other hand, learned counsel appearing for the 1st respondent/writ petitioner submits that while she was studying in the school, her father Sri.Johny changed his religion and he had approached the school and made certain corrections in the admission register changing the name of her father, WA No.1542/19 -:4:- mother as well as her name and religion in order to appear that they have embraced the religion of Islam. After sometime, her father left the place and is not to be found. Her mother suffered from depression and she was unable to take care of the needs of the petitioner. Petitioner became qualified as a Nurse, got married and is looking for employment. The entries in the SSLC book indicate her name, her mother's name, her father's name and her religion as that of the members of Muslim community. However, when she joined other colleges, she had proclaimed her religion as a Christian. She also sought for change of name by gazette publication. But though she requested for correction in the admission register and consequently in the SSLC Book, the same had been rejected.
4. Perusal of Rule 3 of Chapter VI KER reads as under:-
"3. Alternation of Date of Birth etc:- (1) The name of a pupil, his religion and his date of birth once entered in the Admission Register shall not be altered except with the sanction of the authority specified by Government in this behalf by notification in the Gazette. Applications for such alterations and corrections should be submitted by the parent or guardian, if the pupil is still on the rolls of any school and by the pupil himself if he is not on the rolls of any school. All such applications shall be forwarded through the Headmaster with WA No.1542/19 -:5:- satisfactory evidence. Court fee stamps to the value of One Rupee shall be affixed on such application.
Provided that the authority notified by the Government shall not alter such details entered in the Admission Register without the support of a Certificate from the Competent Revenue Authority concerned or the Registrar of Births and Death concerned, as the case may be.
(1A) A time limit of fifteen years form the date of leaving the school or the date of appearing for the S.S.L.C Examination for the last time whichever is earlier is fixed for entertaining requests for correction of date of birth in school records by the Commissioner of Government Examinations [Note:- The Government shall consider requests for condonation of delay in making application for correction of date of birth in school records, in deserving cases, on merits provided that the applicant is within 50 years of age as per the original entry in the school records.
(2) If the authority referred to in sub-rule (1) is satisfied after necessary enquiries that the change applied for could be granted, he will issue an order to make the alternation. The alteration shall then be made in the Admission Register and the other connected records of the schools previously attended by the pupil as well as in the school in which he was studying at the time. (3) An appeal shall lie to Government against the orders of the authority referred to in sub-rule (1) within one month of the receipt of the order appealed against:
Provided that the appellate authority may entertain the appeal after the expiry of the said period, WA No.1542/19 -:6:- if he is satisfied that the appellant had sufficient cause for not submitting the appeal in time. (4) If any change of name is sanctioned after the issue of a Public Examination Certificate, the candidate concerned shall notify the change in name in the Gazette and the notification shall be attached to his certificate".
5. It is apparent from the above provision that only the name of the pupil, his religion, his caste and his date of birth can be altered, but on submission being made by the parent or guardian, or by the pupil himself if he is not on the rolls of the school. Rule does not contemplate change of father's or mother's name, as the case may be. Ext.R3(a) is the Government Order which indicates the procedure to be followed in the matter relating to making correction and entries in the school records. It is inter alia provided as under:
"(i) In the case of change in date of birth the existing practice will continue.
(ii) In the case of change in name, religion and community, change except clerical error, to be carried out after a person leaves the school shall be ensured by Gazette Notification after obtaining certificates from competent authorities and copy of the Gazette Notification duly attested shall be attached to S.S.L.C. (Extract of Admission Register of the individual concerned). No change in the original entry shall be made.WA No.1542/19 -:7:-
(iii) In the case of change in name, only an identification certificate obtained from a Gazetted Officer shall be attached with the relevant page in S.S.L.C. (Extract of Admission Register).
6. We do not think that Government order dated 14/3/1984 [Ext.R3(a)] is in any way contrary to the procedure prescribed under Rule 3 of Chapter VI. Government has only indicated that if any such changes are to be made, the Gazette notification has to be attached to the SSLC book which itself would suffice to indicate the necessary changes. This is to avoid making corrections in the entry itself. There is nothing wrong in issuing such Government Order which is only a procedure to be followed in terms with Rule 3 of Chapter VI. The Government had already granted sanction to the petitioner to correct her name from Jaseena Mol to Jessy V and mother's name from Haleema to Aleyamma in the school records and the qualification certificate issued to her. The corresponding entries have already been made in the SSLC book. Her religion which is now shown as Islam (Mappila) and her father's name which is now shown as Hameed E., has not been changed. By Ext.P11 order, the Government had rejected the request to change the religion and father's name based on the Government Order dated 14/3/1984 stating that it WA No.1542/19 -:8:- would suffice to produce the gazette notification along with the SSLC book.
7. The petitioner also had produced her birth certificate which indicates that her father's name is shown as Johny. Certificate of baptism dated 30/6/1986 has been produced as Annexure R1(c) which would indicate that she was born as a Christian. She was baptized in the Church of South India and she belongs to the said congregation. Ext.R1(d) is the marriage certificate between her father and mother in which their names are shown as Johny and Aleyamma. Therefore, the contention of the petitioner that at the time of her birth, her father's name was Johny is not in dispute and the materials produced before Court clearly evidences the same. But there is absolutely no material to indicate that her father had changed her religion or his name in accordance with the procedure prescribed. The name had not been changed to Hameed by any form of gazette notification. Therefore, it is apparent that the manner in which corrections were made in the admission register was as stated by the petitioner.
8. This is a peculiar case which involves substantial rights of the petitioner as a citizen. She was born as a christian WA No.1542/19 -:9:- and without her knowledge, her religion had been changed to Islam. When it affects her fundamental rights as a citizen, it is only appropriate that the Government take a lenient approach in the matter. Though the Rules do not provide such a contingency, still, as a special case, it is required that necessary changes should be made in the entries in the SSLC book.
9. For the reasons aforesaid, we do not think it necessary for us to interfere with the judgment of the learned Single Judge. But, it is made clear that the judgment of the learned Single Judge and this Court shall not be treated as a precedent in any manner and this concession is extended only as a special case.
Writ appeal is disposed of with the above observation.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
T.V.ANILKUMAR
Rp True Copy JUDGE
PS to Judge
WA No.1542/19
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APPENDIX
APPELLANTS' EXHIBITS: NIL
RESPONDENT'S EXHIBITS
ANNEXURE R1(a) TRUE COPY OF THE BIRTH CERTIFICATE OF
THE 1ST RESPONDENT ISSUED BY THE
KOZHIKODE CORPORATION DATED 30.4.2018.
ANNEXURE R1(b) TRUE COPY OF THE BIRTH CERTIFICATE OF
TEH 1ST RESPONDENT'S BROTHER BY THE
NADUVIL GRAMA PANCHAYATH DATED
23.9.2019.
ANNEXURE R1(c) TRUE COPY OF THE BAPTISM CERTIFICATE OF
THE 1ST RESPONDENT FROM CSI CHURCH
MANJERI DATED 30.6.1986
ANNEXURE R1(d) TRUE COPY OF THE CERTIFICATE OF
MARRIAGE ISSUED BY THE PARISH PRIEST,
LITTLE FLOWER FORANE CHURCH, NILAMBUR
DATED 25.9.2019.
True Copy
PS to Judge
Rp