Point of Law: Respondents are under obligation to maintain correct records and in this regard make corrections as and when detected or brought into their notice.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Petitioner seeks correction of caste as according to him, the caste “Lone” has been wrongly shown in his Secondary School Examination Certificate issued by the J&K State Board of School Education. Petitioner claims that he belongs to backward area of Kharboo Drass but studied in Srinagar and completed his schooling in Shahi-Hamdan Educational Institute, Khumaini Chowk, Bemina and thereafter got admission in JK Police Public School, Jammu. According to him in his Secondary School Examination Certificate, his name has been shown as “Jabir Hussain Lone” instead of “Jabir Hussain.” Petitioner claims that he has no such caste of “Lone” anywhere in records neither any such caste exists in the area of Kargil District. So, he approached respondents pleading deletion of last name “Lone” from the Secondary School Examination Certificate and in support of his plea he produced all required and relevant documents. However, vide letter no. 2570/ LNo-02(v)(Certs.CC-Major)B/KD/2018 dated 7th April 2018, conveying petitioner that his request for deletion of Caste does not come under the purview of rules and regulations governing the cases of deletion of caste. Aggrieved thereof, petitioner has come up with instant writ petition seeking following relief:

(a) A writ, order or direction including one in the nature of certiorari quashing the letter dated 07.04.2018 issued by respondents.

(b) A writ, order or direction including one in the nature of Mandamus, commanding to make necessary correction in the certificates issued or yet to be issued to petitioner.

(c) A writ, order or direction including one in the nature of Mandamus, commanding upon the respondents to delete the word LONE from the name of petitioner by making necessary correction in the records pertains to petitioner as per documents required for correction.

(d) A writ, order or direction including one in the nature of Mandamus, commanding the respondents to do the needful within specific period in order to save the petitioner from any inconvenience in future.

2. Reply has been filed by respondents 2 and 3. They state that impugned order rejecting petitioner’s case for correction of caste does not suffer from an infirmity or illegality.

3. I have heard learned counsel for parties and considered the matter.

4. In the present case, correction, or for that matter deletion, of Caste in the name, parentage of caste etc. is provided in Regulation 15 of the J&K State Board of School Education Regulations, 1992. Thus, it would be profitable to reproduce Regulation 15 hereunder:

“15. Correction in name, parentage, sub-caste, etc. Candidate who has been enrolled for any examination of the Board applying for change in his name, or in the name of his father or guardian or sub-caste is required to pay the prescribed fee and the following procedure shall be followed in this behalf:

(i) An affidavit duly sworn before a 1st Class magistrate by the father or the guardian of the student, and advertisement in at least one local newspaper, will be necessary in all such cases where change in name or sub-case of the candidate is sought for purpose of proving identity.

(ii) Besides advertising the change in name, parentage or sub- caste in any one local newspaper the proposed change shall be advertised in the Government Gazette.

(iii) No application shall be entertained unless ordinarily it comes through the Principal/Headmaster/Headmistress of the Higher Secondary/Secondary School last attended by him or her and is invariably accompanied by the Affidavit and the cutting from the Newspaper in which the advertisement is published within a period of one year from the date of issue of the Secondary School Education qualification certificate.

Provided that a candidate who has not been a regular student of any recognized school may apply direct to the Secretary of the Board.

(iv) Change in parentage may be made in the Board records only in cases where it is established by the filing of an