The absence of a surname in a caste certificate should not invalidate an individual's identity or eligibility for admission, especially when supported by relevant State Government notifications.

1. - This writ petition has been filed by the petitioner feeling aggrieved by the action of the respondents whereby he was denied admission in the Government Polytechnic College. The reason given by the respondents for denying admission to the petitioner is that his certificate issued by a Government Officer showing his status as Scheduled Caste does not record his surname. It only says, Anil Kumar son of Sualal, without specifying Berwal as his surname. Before the interview board the petitioner's candidature was not considered because the petitioner failed to fulfil the direction No. 7 of the brochure which is in terms of Rule 9(3)(i), Direction 7 reads as under-

(7) tkfr izek.k&i= %& ;fn vH;FkhZ vuqlwfpr tkfr@vuqlwfpr tutkfr@vU; fiNM+k oxZ dk gS rks mUgsa ewy tkfr izek.k&i= l{ke vf/kdkjh (ftyk/kh'k] mi[k.M vf/kdkjh ;k rglhynkj) }kjk iznRr izek.k&i= layXu fu/kkZfjr izi= es izLrqr djuk gksxkA bl izek.k&i= ij izsf"kr la[;k] fnukad ,oa dk;Zky; dh lhy gksuk vfr vko';d gS] bl izek.k&i= es uke miuke ogh gksuk pkfg, tSlk fd vadrkfydk es vafdr gSA

2. The contention of the respondents is that in the certificate no surname is added and, therefore, this clause has not been complied with and, therefore, his form was not considered to be complete in terms of 9(3)(i) of Annex. R.1, which reads as under-

(v) & vuqlwfpr tkfr] vuqlwfpr tutkfr ,oa vU; fiNM+k oxZ ds vH;FkhZ;ks ds fy, l{ke vf/kdkjh ftyk/kh'k] mi[k.M vf/kdkjh] ;k rglhynkj }kjk iznRr izek.k i= ykuk gksxkA bl i= izs"k.k la[;k] fnukad] ,oa dk;Zky; dk lhy gksuk vko';d gSA vH;FkhZ ;g ns[k ys fd mldh tkfr jkT; ljdkj }kjk izlkfjr vqulwfpr tkfr@ vuqlwfpr tutkfr@vU; fiNM+k oxZ dh lwph es lwphc) gS ftlds u gkus ij izos'k nsuk laHko ugh gksxkA bl izek.k i= es uke ,oa miuke ogh gksuk pkfg, tks fd vad rkfydk esa gSA izek.k&i= layXu ifjf'k"V 5 es izLrqr djuk gksxkA

3. The petitioner's marksheet mentions his name as Anil Kumar Berwal son of Sua Lal Berwal. His caste certificate Annex. 8 mentions him as Anil Kumar son of Sua Lal only and his caste 'Berwal' was not mentioned. Therefore, the respondents contend that the petitioner's case was not liable to be considered because the surname has not been mentioned in terms of condition No. 9(3)(i) of Annex. R.1 and Condition No. 7 of Annex. R.2.

4. Learned Counsel for the petitioner has stated that there is no control of the petitioner over the State authorities who are responsible for issuing the caste certificate Annex, 8. It was for the State authorities to have known it as to what kind of identification have to be put in the certificate. The petitioner had applied for issuance of a caste certificate. He has been issued a caste certificate of the Scheduled Caste nature. This was beyond the control of the petitioner to have used the surname in the caste certificate. Because neither he was required to fill up his surname in that certificate nor he could direct the authorities to put the surname in the caste certificate.

5. The respondents without applying their mind have denied admission to the petitioner. Such denial of admission to the petitioner has given liberty to the respondents to deny a seat to a member of the Scheduled Caste. By this they had an opportunity of obliging someone down below in the merit. May be with this ulterior motive they have denied admission to the petitioner on this score. To deny admission to the petitioner on this score, the respondents were required to shows that the petitioner lacked bona fides and his certificate was not good enough to show his identity.

6. The petitioner's name and father's name was clearly mentioned in the marksheet. The petitioner's name and father's name was clearly mentioned in the caste certificate Annex. 8. The caste certificate was issued by the authority empowered to do the same. There was no confusion and ambiguity in the comparison of these two documents. Only because in the instructions Annex. R.1 and R.2 it has been written that name and surname should be the same as is mentioned in t