Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 469

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 354 of 2025 ==========================================================
HARSH HARIPRAKASH SONI Versus GUJARAT SECONDARY AND HIGHER SECONDARY BOARD & ORS.
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Appearance:
DHWANI Y CHANDARANA(8383) for the Petitioner(s) No. 1 MS HETAL PATEL, AGP for the Respondent(s) No. 1,2 MR AD OZA(515) for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 3 ==========================================================
CORAM: HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 21/03/2025

Petitioner Advocates:DHWANI Y CHANDARANA(8383) ,Respondent Advocate: GOVERNMENT PLEADER(1)

The court affirmed the necessity to correct discrepancies in official documents based on statutory evidence, prioritizing the Birth Certificate for name corrections.

Headnote:(A) Registration of Births and Deaths Act, 1969 - Section 15 - Gujarat Registration of Births and Deaths Rules, 2004 - Correction of name in educational documents - Petitioner sought correction of father's name from 'Harish' to 'Hariprakash' based on the Birth Certificate issued by Ahmedabad Municipal Corporation - The court found the error to be bona fide and necessary to correct to prevent further discrepancies. (Paras 1-6)

(B) Evidentiary Value - The Birth Certificate holds high evidentiary value and is a statutory document that must be prioritized for corrections in official records. (Paras 5-6)

Facts of the case:
The petitioner requested the correction of his father's name in the School Leaving Certificate and SSC mark-sheet due to a bona fide error, supported by the Birth Certificate.

Findings of Court:
The court ruled that the error must be corrected as the Birth Certificate is a statutory document with high evidentiary value.

Issues: The main issue was whether the name correction in the educational documents was justified based on the Birth Certificate.

Ratio Decidendi: The court emphasized the importance of the Birth Certificate as a statutory document and directed the correction of the name in the educational records.

Result: Writ petition allowed.

ORDER :

1. By the present petition under Article 226 of the Constitution of India, the petitioner seeks direction upon the respondent authorities to correct the name of his father in the school leaving certificate as well as in the SSC mark-sheet, as “Hariprakash” instead of “Harish” on the basis of the birth certificate and other statutory documents produced at Annexure-C of the petition.

2. It is submitted by the learned counsel for the petitioner that the name of the father of the petitioner is Hariprakash and the same has been correctly mentioned in the Birth Certificate issued by the Ahmedabad Municipal Corporation. However, the error has crept in the School Leaving Certificate issued by respondent No.3 school as well as in the SSC mark-sheet issued by respondent No.1, in which the name of the father of the petitioner has been shown as “Harish” instead of “Hariprakash”. He, therefore, submits that this is a bona fide error on the part of the School as well as the respondent Board Authority and the same may be accordingly corrected.

3. Learned counsels for the respondents submit that in view of Section 15 of Registration of Births and Deaths Act, 1969 and Rule 11 of Gujarat Registration of Births and Deaths Rules, 2004, the authority has power to correct the mistakes.

4. Heard the learned counsels for the parties and perused the documents on record.

5. It is not disputed that the Birth Certificate issued by the Ahmedabad Municipal Corporation records the correct name of the father of the petitioner. Further, based on the said birth certificate, the petitioner had taken admission at respondent No.3 school. The mistake in recording the name of the father of the petitioner is bona fide mistake and is required to be corrected so that the said discrepancy is not carried any further. Moreover, the School Leaving Certificate is the document of vital nature and plays important role.

6. Further, the Birth Certificate as produced by the petitioner is a statutory certificate issued by the Ahmedabad Municipal Corporation and has a very high evidentiary value. The name of the petitioner’s father in the Birth Certificate has been recorded as per the statutory provisions under the Registration of Births and Deaths Act, 1969. Once the error, as has crept in, the same is required to be corrected, more so, when there is no dispute with respect to the Birth Certificate produced by the petitioner and name of his father indicated therein.

7. In view of the submissions made and for the above-mentioned reasons, the writ petition is ALLOWED. The respondents herein are directed to correct name of the father of the petitioner in the School Leaving Certificate and the SSC mark-sheet and record the correct name of the petitioner’s father i.e. “Hariprakash” instead of “Harish” within a period of FOUR WEEKS from the date of receipt of this order and fresh School Leaving Certificate as well as SSC mark-sheet be issued accordingly. There shall be no order as to costs.

Direct Service is permitted.

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