Gujarat High Court
Sukrut vs State on 16 February, 2010
Author: Ks Jhaveri
Bench: Ks Jhaveri
Gujarat High Court Case Information System
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SCA/1265/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1265 of 2010
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SUKRUT
PRANAV NANAVATY - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
PR NANAVATI for Petitioner(s) : 1,
MR JK SHAH AGP for
Respondent(s) : 1,
MR AD OZA for Respondent(s) : 2 - 3.
MS
MEGHA JANI for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 16/02/2010
ORAL
ORDER
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to correct the name of the petitioner from Sukrut Pranavbhai Nanavaty to Sukrut Pranav Nanavaty in the mark-sheets issued by respondents nos. 2 and 3 in respect of the Standard X and XII and also to correct the name of the petitioner in the School Leaving Certificate on the basis of the Birth Certificate and to issue a fresh School Leaving Certificate.
2. The short facts of the case are that the petitioner has completed his final MBBS from Smt. NHL Municipal Medical College in the year 2009 and at present he is doing his 'Internship' in the said college. It is the case of the petitioner that as he has applied for open entrance test to be conducted by U.S. Medical Licence Examination [for short USMLE ], he is required to submit the documents like birth certificate, school leaving certificate, mark-sheets of SSC and HSC, graduation certificate and other documents like ration card passport etc. However, in the mark-sheets of SSC and HSC as well as in the School Leaving Certificate, the name of the petitioner appears as Sukrut Pranavbhai Nanavaty , whereas in the Birth Certificate the name of the petitioner is recorded as Sukrut Pranav Nanavaty . The petitioner therefore, approached respondents nos. 2 and 3 requesting them to change the name as per the Birth Certificate. However, the respondents declined to rectify the same on the ground that the orders in that regard issued by a competent authority of law is necessary to carry out the said correction. Hence, this petition.
3. Heard the learned counsel for the respective parties and perused the documents on record. Regulation 12-A of the Gujarat Secondary Education Regulations provide that the school record cannot be corrected after the pupil leaves the school and that in such case, the only remedy available is to approach the learned Magistrate, First Class, having jurisdiction in the matter, for redressal of the grievance, as provided under Section 13(3) of the Registration of Births and Deaths Act.
4. Such principle has also been laid down in a recent decision of this Court rendered in the case of Regional Passport Officer v. Kokilaben, w/o. Jaswantlal Panchal & Ors., reported in 2009(2) GLH pg. 1246.
5. Therefore, in the present case also, the appropriate remedy available to the petitioner is to approach the concerned Magistrate, First Class, by way of appropriate application. It is observed that if the petitioner approaches the concerned Magistrate, First Class, having jurisdiction in the matter, by way of appropriate application, within a period of four weeks from today, or alternatively, prefers an application in connection with the present subject matter before the School-authority, the School-authority shall forward the same to the respondent-Board, who in turn shall forward it immediately and not beyond the period of one week from the receipt of such application from the School-authority to the concerned learned Magistrate, First Class, having jurisdiction in the matter. On receipt of the application as aforesaid, the concerned learned Magistrate, First Class, shall decide the same on merits and in accordance with law, within a period of two weeks from the date of receipt of such application from the petitioner or the respondent-Board as the case may be.
6. With the above observations, the petition stands disposed of.
[K.S. JHAVERI, J.] /phalguni/ Top