Gujarat High Court
Judgename :Akshay H.Mehta
THAKORE NILESH SHISHIRBHAI - Appellant
Versus
GUJARAT SECONDARY EDUCATION BOARD - Respondent
Special Civil Application 21036 Of 2006
Decided On : 04/27/2007
Whether school authorities can amend in School Leaving certificate with regard caste of the student after once he leaves the school?
Head Note :
Gujarat Secondary Education Act, 1972 (18 of 1973) - Section 54 - Gujarat Secondary Education Regulations, 1974 - Chapter V, Regulation 12(A) Clauses 1 to 6 - Registration of Birth and Deaths Act, 1969 - School Leaving Certificate - Necessary change in caste - Christian in place of Hindu Thakor - Refusal by school authorities - Propriety of - Finding as to - It appears that there is no provision in Regulation which can enable the pupil who has left the school to get the record changed in respect of any other matter except the birth certificate - The consequence thereof can be serious and may cause deprivation of legal right - Court can remedy such injustice but the change in caste can be determined upon detail inquiry which cannot be conducted by this Court under Article 226 of Constitution - The Court, therefore in exercise of its power under writ jurisdiction directed Judicial Magistrate of the area to conduct inquiry and issue certificate to the concerned student - Court directed petitioner to file necessary application alongwith all the relevant documents and evidence before the concerned Judicial Magistrate First Class who shall make detailed inquiry to ascertain the correct religion of the petitioner and issue certificates.
Held :
Once the pupil leaves the school, no change can be made in the record of the school as per Clause 6 of this Regulation. The exception is only with regard to the birth date which can be changed on the basis of the certificate issued by the Judicial Magistrate of First Class.
[Para 4.1]
In the instant case, the petitioner has prayed that his religion is wrongly mentioned in the school Leaving Certificate and though he is Christian, his caste is shown as Hindu Thakore. The petitioner initially approached the school authorities, but the school authorities failed to effect any change. He has, therefore, approached this Court. The entire issue is based on facts. Whether the petitioner is Christian or Hindu Thakore can be determined or decided or ascertained only upon detailed inquiry being made by some authority on the basis of various documents and if necessary, even by recording oral statement or the affidavit. This Court under Article 226 of the Constitution of India cannot make such inquiry. As already stated above, there is no provision in the Regulation to effect any change in the School Leaving Certificate except change relating to the birth date, after the pupil has left the school, but that should not make the genuine person suffer unnecessarily. Considering the provisions referred to above, this Court can always direct the Sub-ordinate Court in the State to make necessary inquiry and issue proper certificate in accordance with the findings arrived at after the inquiry. [Para 5]
Law Laid Down :
Court can exercise its power under writ jurisdiction and direct the Magistrate to make inquiry in respect of religion of the student who has left the institution and issue necessary certificate.
Conclusion :
There is no provision under the Regulation, 1974 authorising the school authorities to amend School Leaving Certificates in respect of caste - Court under writ jurisdiction can directed concerned Magistrate of the area to inquire in the matter and issue appropriate correct certificate - Court ordered accordingly.
Decided in Favour of :
Appellant
Petition Allowed Partly
( 1 ) RULE. Learned Advocate Mr. Hemang Raval waives service of Rule on behalf of respondent No. 1 and Ms. Kiran Pandey learned A. G. P. , waives service of Rule on behalf of respondent No. 2. Respondents Nos. 3 to 5 though served have not appeared. Hence, at the request of the learned Advocates for the respective parties, the matter is taken up for final hearing today itself.
( 2 ) THE petitioner has approached this Court to seek an appropriate direction on the respondents to require them to carry out the necessary change in the school Leaving Certificate of the petitioner. It is the say of the petitioner that for generations his family has been following Christianity. However, in the birth certificate his caste is shown as Hindu Thakore. According to the petitioner, on noticing this discrepancy in the certificate he approached the school authorities with a request to make necessary correction, but it was refused on the ground that after pupil left the school, it was not within the power of the school authorities to effect any change in the School Leaving Certificate. In the circumstances, the petitioner has approached this Court.
( 3 ) I have heard Ms. Sejal Vyas for the petitioner and Mr. Hemang Raval for respondent No. 1 and Ms. Kiran Pandey, learned A. G. P. , for respondent No. 2. 3. 1 It is contended by Ms. Vyas that considering the fact that the petitioner has been following the Christian faith for the last three generations, there is obvious mistake committed by the school authority in the certificate by mentioning his caste as Hindu Thakore. She has, therefore, submitted that the school authority is bound to amend this mistake since it is the authority s fault. As against that, mr. Raval has submitted that once the student has left the school, the school authority has no power to carry out any correction in the School Leaving Certificate.
( 4 ) I have carefully considered the submissions of the learned Advocates appearing for the parties. I have also closely perused the record of the petition and the necessary provisions of the Gujarat Secondary Education Regulations, 1974 (hereinafter referred to as the "regulations") as also the provisions of the registration of Births and Deaths Act, 1969 (hereinafter referred to as the "registration Act" ). The Regulations have been framed by respondent No. 1 in exercise of powers conferred by Sec. 54 of the Gujarat Secondary Education act, 1972 (the "act" for short ). They have come into force with effect from 16th March, 1974. The Regulations have been framed for the administration and governance of secondary schools in the State. Chapter V of the Regulations contains provisions with regard to admissions, test, examinations, health and discipline of students. It includes Regulation 12 (A ). It pertains to change of the birth date, name, etc. , in the school register.
* Clause 1 of Regulation 12 (A) states that without obtaining prior permission in writing, no change in relation to the entries made in the school register can be effected. * Clause 2 states that except applications pertaining to the student actually attending the school, no application for change in the register shall be accepted. * Clause 3 requires the guardian or the parent of the student to sign the application which should be certified as such by the Principal of the school. * Clause 4 prescribes that for effecting the change in the birth date, certain documents such as (a) Extract of the birth register; (b) Certificate of the vaccination, (c) Certified copy of the certificate of Baptism, if the student was Christian, (d) Affidavit of the parents or the guardian, sworn before the learned Magistrate or any other authentic document can be accepted as corroborating proof. * Clause 5 relates to change in the name. It also relates to the change in the surname, name of the father, and place of birth and lastly religion and caste. So far as the changes other than the name are concerned, they can
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