ORDER :

(U. Durga Prasad Rao, J.)

The petitioner seeks writ of mandamus declaring the action of the respondents insisting upon mentioning the name of the father of the petitioner in SSC application form instead of name of his mother as illegal, arbitrary and for a consequential direction.

2. Petitioner’s case succinctly is thus:

Petitioner is A minor boy represented by his mother and natural guardian. The petitioner’s mother married one Pathan Mustaffa Ali on 26.10.2004. During their wedlock she gave birth to a son i.e., the petitioner herein on 27.10.2005. Due to ideological differences, disputes arose between the couple. In spite of repeated counsellings, they could not reconcile and finally petitioner’s mother filed O.S.No.240/2006 on the file of Principal Junior Civil Judge, Kadiri seeking divorce and the said Court granted a decree on 06.06.2009 and dissolved the marriage between the parties. Since there was no appeal, the judgment has become final. Petitioner’s mother has been working as staff nurse. Her father has been looking after the minor petitioner and the petitioner’s mother has been looking after his needs including educational expenses. Minor boy was joined in 1st Class in 2011. In the school records mother’s name was mentioned. At present the minor boy is studying 10th class in the 3rd respondent school. In the month of April, 2021, the 3rd respondent authorities furnished an online format application and insisted the petitioner to mention the name of his father in the application. Petitioner’s mother brought to the notice of the 3rd respondent authorities about the divorce obtained by the petitioner’s father and mother and requested them to mention his mother’s name as natural guardian instead of father’s name. However, the 3rd respondent insisted upon mentioning father’s name. Hence, the instant writ petition.

3. Respondent No.2 filed counter opposing the writ petition and contending that all the particulars, including father’s name/mother’s name of a candidate, who is appearing for SSC public examinations June-2021 have to be filled-up strictly in accordance with School Admission Register while submitting the Nominal Roll (NR) Data in online/Manual Nominal Roll (MNR) to the DGE office and the guardians name should be entered for orphan candidates only. As there is no clear direction from Government nor any specific G.O issued regarding the inclusion of mother’s name, respondent insisted to include the father name too.

It is further contended that as per G.O.Ms.No.63, Education (W/2), dated 16.01.1969, father’s name to be submitted in the application to enter in the SSC Certificate. Subsequently mother’s name was also permitted to be entered vide Memo No.7679/PE-Ser-II/A2/2010-1, dated 14.09.2010. Thus, there is no feasibility to enter mother’s name as natural guardian instead of father’s name. Guardians name should be entered for orphan candidates only. In the letter Rc.No.341/E1-1/2009, dated 12.11.2009 the Commissioner and Director of School Education, Andhra Pradesh has informed that in case of children of Joginis admitted in RBCs, Government / Private residential schools and colleges, the mother’s name has to be incorporated instead of father’s name. The said circular relates to children of Joginis alone as per G.O.Ms.No.139, Education (SE-Prog.I) Department, Government of Andhra Pradesh, dated 29.12.2009.

In the Memo No.7679/PE-Ser-II/A2/2010-1, dated 14.09.2010 issued by Education (PE SER-II) Department, Government of Andhra Pradesh, the Commissioner & Director of School Education was requested to issue necessary instructions to all the Head Masters of Elementary Schools/ Secondary Schools to open extra column in