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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
G. Ramakrishna Prasad, J.
Kundeti Venkata Narasaiah - Appellant
Versus
The State of Andhra Pradesh & Ors. - Respondents
I.A.No.1 of 2023 and Writ Petition No. 13940 of 2022
Decided On : 16-04-2024
Correction of Name - Education - G.O.Ms.No.1263, G.O.Ms.No.430, Jigya Yadav Vs CBSE (Central Board of Secondary Education) (Reported in 2021 (7) SCC 535) - The court considered the entitlement of the Writ Petitioner to the correction of his name and his parents' names in the SSC and School Leaving Certificate. The court analyzed the ratio in Jigya Yadav's case and held that the Writ Petitioner is entitled to the correction based on the fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution of India. The court emphasized the right to identity and the freedom of expression, and concluded that the State and its authorities cannot raise the plea of limitation in light of the authoritative dictum in Jigya Yadav's case.
Fact of the Case:
The Writ Petitioner sought correction of his name and his parents' names in the SSC and School Leaving Certificate. The Writ Petitioner was born on 28.10.1999, and his father passed away when he was about nine years old. The Writ Petitioner's name and his parents' names were incorrectly recorded in the school records due to illiteracy and lack of knowledge. The Deputy Educational Officer recommended corrections, but the District Educational Officer and the Commissioner of School Education rejected the recommendation. The Writ Petitioner approached the court after becoming a major and within the period of limitation saved by the Order of the Hon'ble Supreme Court for the COVID-19 period.
Finding of the Court:
The court found that the Writ Petitioner is entitled to the correction of his name and his parents' names based on the authoritative dictum in Jigya Yadav's case. The court held that the decisions of the District Educational Officer and the Commissioner of School Education were irrational, unreasonable, arbitrary, and contrary to the ratio in Jigya Yadav's case. The issue of limitation was deemed irrelevant in view of the findings given in Jigya Yadav's case.
Issues: The main issue was whether the Writ Petitioner is entitled to the correction of his name and his parents' names in the SSC and School Leaving Certificate.
Ratio Decidendi: The court applied the ratio in Jigya Yadav's case, emphasizing the fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution of India, and the right to identity and freedom of expression. The court held that the State and its authorities cannot raise the plea of limitation in light of the authoritative dictum in Jigya Yadav's case.
Final Decision: The Writ Petition was allowed, and the decisions of the District Educational Officer and the Commissioner of School Education were set aside. The court directed the Respondent No.2 and Subordinate Officers to implement the ratio as laid down by the Hon'ble Supreme Court in Jigya Yadav's case and make necessary changes/corrections in all the records as required by the Writ Petitioner.
ORDER
G. Ramakrishna Prasad, J. - Heard Sri M.R.K. Chakravarthi, learned Counsel for the Writ Petitioner and Sri L.V.S Nagaraju, learned Government Pleader for School Education.
2. Prayer (amended as per the Orders in I.A.No.1 of 2023 dated 16.04.2024) made in the Writ Petition is as under:
'It is therefore necessary in the interest of justice that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Certiorarified Mandamus:
i. Calling for records in L.Dis.No.627/Text Books-1/2016 of the Second Respondent and the Third Respondent in Rc.No.12/B4/2016 dated 17-10-2016 and set-aside the same as being illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution and the Judgment of the Hon'ble Supreme Court of India n Jigya Yadav Vs CBSE (Central Board of Secondary Education) (Reported in 2021 (7) SCC 535) and consequently direct the Respondents to make necessary corrections in the school records including that of the higher education with respect to the Petitioner's name as Kundeti Venkata Narasaiah in place of Kolusu Narasaih, Petitioner s father name as Kundeti Venkata Srinivasa Rao in place of Kolusu Pothuraju and Petitioner's mother name as Kundeti Usha Sri instead of Kolusu Lakshmi;
ii. and quash the Rules governing the correction of the dates of birth in the Secondary School Leaving Certificates, Higher Secondary Certificates and Higher Secondary (M.P) Certificates framed under GO.Ms.No.1263 dated 06/05/1961 (Education Department), G.O.Ms.No.430, dated 31/12/1992 (Education (E.E.I) Department)), Rc.No. 1141553/Text Books-/2020 dated 14/05/2020 as being illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300.A of the Constitution and the Judgment of the Hon'ble Supreme Court of India in Jigya Yadav Vs CBSE (Central Board of Secondary Education) (Reported in 2021 (7) SCC535) and consequently direct the Respondents to follow the judgment of the Hon'ble Supreme Court of India in Jigya Yadav Vs CBSE (Central Board of Secondary Education) (Reported in 2021 (7) SCC 535) for correction of the dates of birth of any individual in the Secondary School Leaving Certificates, Higher Secondary Certificates and Higher Secondary (M.P) Certificates;
And pass such other order or orders as this Hon 'ble Court may deem fit and proper in the circumstances of the case"
SUBMISSIONS OF LD. COUNSEL FOR THE WRIT PETITIONER:
3. Sri M.R.K. Chakravarthi, learned Counsel for the Writ Petitioner would submit that the Writ Petitioner is born on 28.10.1999 to Late Sri Kundeti Venkata Srinivasa Rao and Kundeti Usha Sri (alias Lakshmi) at Kalidindi Village and Mandal, Krishna District. The birth of the Writ Petitioner was registered on 10.11.1999 under the provisions of the Registration of Births and Deaths Act, 1969 bearing Registration No.26/1999; that the Writ Petitioner also has a younger sibling (sister) by name Kum. Kundeti Geetha Sri, who was born on 22.08.2002; that the Secondary School Certificate issued in favour of the Sister namely Kum. Kundeti Geetha Sri bears the Date of Birth and also the names of the parents as Sri Kundeti Venkata Srinivasa Rao and Smt. Kundeti Usha Sri (Ex.P.3); that the father of the Writ Petitioner had a premature death on 02.11.2008, by which time the Writ Petitioner was about 9 years old; that due sudden loss of the breadwinner in the family, the widowed mother of the Writ Petitioner along with both her children had then moved to Vinjarampadu, Pedaparupudi Mandal, Krishna District where the Maternal Uncle by name Sri Kolusu Pothu Raju took care of Writ Petitioner's family; and that the Maternal Uncle Sri Kolusu Pothu Raju had admitted the Writ Petitioner in Model Public School, Gudivada, and thereafter, in Vidya Vikas English Medium High School, Gudivada, which had Hostel facility;
4. Ld. Counsel for the Writ Petitioner would further submit that while adm
Academic records must align with accurate public documents, and requests for corrections should be processed without unreasonable preconditions.
Date of birth can be corrected in CBSE records based on public documents, given the criteria established in relevant byelaws, without imposing unreasonable limitations on the time for correction.
The right to change one's name or date of birth in certificates is fundamental to identity, and restrictions imposed by CBSE's Byelaws are unconstitutional if they prevent legitimate corrections post....
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