IMPORTANT POINT
Errors in school leaving certificates can be corrected based on authenticated birth certificates issued by the State Government.

ORDER :

1. RULE, returnable forthwith. Mr. Jayneel Parikh, learned Assistant Government Pleader and Mr. Meet Shah, learned advocate for Mr. A.D. Oza, learned advocate waives service of Rule for and on behalf of the respondent No. 1-State and respondent no. 2 respectively. Though served, none appears for and on behalf of the respondent no. 3-School.

2. Heard Mr. Parth J. Brahmbhatt, learned advocate appearing for the petitioner, Mr. Jayneel Parikh, learned Assistant Government Pleader and Mr. Meet Shah, learned advocate for Mr. A.D. Oza, learned advocate appearing for and on behalf of the respondent No. 1-State and respondent no. 2 respectively. Though served, none appears for and on behalf of the respondent no. 3-School.

3. By way of the present petition under Article-226 of the Constitution of India, petitioner herein has prayed for the following reliefs:

“(A) YOUR LORDSHIP may be pleased to admit and allow the petition.

(B) YOUR LORDSHIP may be pleased to quash and set aside the order/communication dated 12.02.2024 [Annexure-A (Colly)] passed by Respondent no. 1 herein.

(C) YOUR LORDSHIP may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by directing the respondents to make necessary correction in the School Leaving Certificate of the petitioner (Annexure-C) by recording correct surname/caste as per Birth Certificate i.e. “Ramoliya” instead of “Patel” as expeditiously as possible in the interest of justice.

(D) Any other and further relief/s as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.”

4. By way of the present Petition, petitioner herein challenges the order passed by the respondent no. 1-District Education Officer, whereby, the respondent no. 1 rejected/refused the application of the petitioner to change/correct the surname of the petitioner in the school leaving certificate as per the birth certificate from ‘Patel’ to ‘Ramoliya’ copy of the said order is duly produced at Annexure-A, Page-11 to the petition.

5.1. Mr. Parth Brahmbhatt, learned advocate appearing for the petitioner submits that the petitioner was born on 11.04.1986 at Vastral road, Bhagvatbapa road, Ahmedabad. The birth of the petitioner came to be registered before the competent authority on 12.04.1986 and the birth certificate was duly issued by the concerned authority. The correct surname/caste of the petitioner herein is ‘Ramoliya’ and the same is also reflected in the birth certificate of the petitioner. However, due to inadvertent mistake, in the school leaving certificate, it is recorded as ‘Patel’. It is a mistake, that was realized by the petitioner that the surname is wrongly recorded in the school leaving certificate, issued by the respondent no. 3-School and in view thereof, made representations to the respondent no. 1 and the copy was also sent to the respondent no. 3.

5.2. It is submitted that, it is because of inadvertence, the aforesaid clerical mistake has occurred, and in view thereof, the said mistake be corrected. It is submitted that the said surname/caste of the petitioner is also reflected in the Birth Certificate, School Leaving Certificate, Aadhar Card, etc., of the parents of the petitioner. It is submitted that the respondent authority ought to have considered the petitioner’s application dated 08.02.2024 seeking the aforesaid change, on the basis of the birth certificate of the petitioner, which was also produced alongwith the application. It is submitted that, the prayers as prayed for by the petitioner herein may kindly be granted and the respondent authority may kindly be directed to make appropriate change in the petitioner’s school leaving certificate.

6. Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the respondent No. 1-State submits that no error could be said to have been committed by the respondent no. 1, while declining to carry-out the changes as prayed for in the petitioner’s school leaving certificate.