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In the High Court of Bombay at Aurangabad
D.G. KARNIK & S.B. DESHMUKH, JJ.
Shaikh Shafi Ahmed Khadarsab
Versus
State of Maharashtra & Others
Writ Petition No.1138 of 2009
Decided on : 13-03-2012
Secondary Schools Code, 2006 - Para 26.4 - Bar under - Bar under second sentence of Para 26.4 of Code, of not entertaining an application for correction of entry in General Register of School, by a student who has left school is not mandatory.
Register of School shall not be entertained from and on behalf of a pupil who has left the school as the same amounts not only to a change in the entries in the General Register but also to change in the school leaving certificate.
The 3rd sentence of para 26.4 of the S.S.Code is an exception to the second sentence and says that in bona fide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule (3) is noticed any time after issue of the school leaving certificate and the same is required to be corrected, so as to be consistent with the corresponding entries in the General Register of the school, or those in the school leaving certificate issued by the previous school, such an application can be entertained.
This makes it clear that the bar of not entertaining an application on behalf of the pupil who has left the school is not absolute and notwithstanding the bar such an application can be entertained in bona fide cases.
This is a clear indication that second sentence of para 26.4 of the S.S.Code is not mandatory but only is directory.
Thus an application for change entry can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school.
Secondary Schools Code, 2006 - Chapter II, Section III, Para 26.4 - Application for change of date of birth, caste etc - An application of a pupil for change or correction of date of birth, caste etc., in General Register of School cannot be rejected without it being considered on merits, only on technical ground that application made after pupil left school.
Secondary Schools Code, 2006 - Chapter II, Section III, Rule 26.4, Appendix-6, Instruction 9(c) - Correction of spelling of name in School Leaving Certificate - In view of Rule 26.4 of Code, correction of spelling of name in School Leaving Certificate is permissible.
Provisions of Rule 26.4 of Secondary Schools Code enables even a student no longer studying to apply to the concerned Officer to make correction in the change in first name based on the documentary evidence available. Appendix Six to the said Rule in unequivocal term provides for procedure for correction in name or surname as the case may be.
Th erefore, it is clear that the Government authorities are not powerless to entertain the prayer for correction in name or surname as the case may be. Therefore, in the facts and circumstances, the respondent Deputy Director of Education, Mumbai Region, Mumbai and School Inspector ought to have considered the prayer of the petitioner for correction his first name in the school leaving certificate and all other school/college record in relation to the petitioner Provisions of Rule 26.4 and clause-C in the Appendix Six below Rule 26.4 of the Secondary Schools Code would make it abundantly clear that, there is a provision and procedure for correction of spelling of name father’s name, surname etc., while entertaining such request for correction, the authority has to verify original record maintained by the concerned candidate/applicant.
Therefore, Deputy Director of Education, Mumbai Region, Mumbai was not correct in refusing to entertain the request of the petitioner on the ground that, there is no enabling provision/power under the Rules of Secondary School Code to entertain such prayer/request of the petitioner for correction of first name in the school record.
D.G. Karnik, J.
Rule, returnable forthwith. Learned A.G.P. waives for Respondent Nos.1, 2 and 4. Mr. G.R. Ingole Patil, waives for Respondent No.3.
2. Learned counsel for the Petitioner does not press the petition as against respondent Nos.5 to 8. Petition against respondent Nos.5 to 8 is disposed of as not pressed.
3. Petitioner joined the Respondent No.5 school conducted by Zilla Parishad, Nanded, in December, 1996 in the 3rd standard and passed out on passing Secondary School Certificate Examination in the year 2004. He, thereafter, joined Rajrshi Mahvidyalaya, a Junior College under Respondent No.8.
4. At the time of his entry in the Respondent No.5 school the petitioner's father had mentioned his caste to be "Takankhar" and an entry to that effect was made in the General Register of the school. After joining the Respondent No.8 school, petitioner made an application to the Respondent No.3-Education Officer (Primary), on 4th September, 2006 for permission to change the entry of his caste in the General School Register from "Takankhar" to "Tadvi". By an order dated 4th September, 2006 the Education Officer (Primary) rejected the application. Aggrieved by the refusal, the petitioners challenged the order by filing Writ Petition No.7138 of 2006 in this Court. By an order dated 19th June, 2007 this Court dismissed the petition on the ground that the petitioner had an adequate alternate remedy of an appeal before the Deputy Director of Education -The Respondent No.2 herein. The Petitioner, thereafter, filed an appeal before the Deputy Director of Education. By an order dated 27th December, 2008 the Respondent No.2 rejected the appeal of the Petitioner on the ground that an amendment to an entry in the school register can be made only while the petitioner was taking education in the same school and not after he had left it. That decision is impugned in the present writ petition.
5. Learned A.G.P. appearing for the State Authorities and Mr. Ingole Patil learned counsel appearing for Respondent No.3 submitted that as per para 26.4 of Secondary School Code (for short, the S.S. Code) an application for correction of date of birth, name, surname, caste, etc. as entered in the general school register can be entertained on behalf of the pupil only while he was taking education in the school. Such an application cannot be entertained after he had left the school for any reason whatsoever. Since the application had been made by the petitioner after he had passed the 10th standard and joined Higher Secondary School (Junior College), the application could not be entertained.
6. The short question which arises for our determination is: "whether an application for change or correction of date of birth, name, surname, caste etc. as entered in the general register of a school cannot be entertained after the pupil has left the school?".
7. Para 26.4 of the S.S. Code, on which reliance is placed, reads as under:
"26.4. Application for change or correction of date of birth, name, surname, caste etc. as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. Such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. However, for the purposes like an admission to another educational institution the School Leaving Certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and hence in bona fide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leave Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be ente
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