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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI, J.
Raja Munawar Saleem Khan – Appellant
Versus
State of J&K and Ors. – Respondents
OWP No.272 of 2015
Decided on 25-05-2022
Article 226 - Correction of Parentage and Date of Birth - Regulation 15 - [15]
Fact of the Case:
The petitioner sought correction of his parentage and date of birth in various records, which were incorrectly recorded by the respondent institutions. The respondent Nos. 2 and 3 rejected the petitioner's claim, leading to the filing of the instant petition.
Finding of the Court:
The court found that the earlier dismissal of the petitioner's suits did not act as a bar to the instant petition. The court also noted the admission of mistake by respondent Nos. 4 and 5 in recording the petitioner's details. The court held that the rejection of the petitioner's application lacked credible reasons and violated Regulation 15.
Issues: The issues involved the maintainability of the petition, the rejection of the petitioner's claim, and the compliance with Regulation 15.
Ratio Decidendi: The dismissal of earlier suits on technical grounds did not bar the instant petition. The admission of mistake by respondent institutions and the lack of credible reasons for rejection influenced the court's decision. The court also emphasized the importance of complying with Regulation 15 in cases of correction of personal details.
Final Decision: The court quashed the impugned communication and directed respondent Nos. 2 and 3 to effect necessary corrections in the relevant records within six weeks. A cost of Rs. 10,000 was imposed on respondent Nos. 2 and 3, to be paid to the petitioner.
ORDER :
Javed Iqbal Wani, J.
The petitioner in the instant petition filed under Article 226 of the Constitution of India craves the indulgence of this Court in granting the following reliefs :-
ii. By issuance of an appropriate writ or direction, including one, in the nature of Certiorari, the impugned order dated 12.04.2010 passed by the respondent No. 3 be quashed.”
2. The background facts those stem out from the petition would reveal that the petitioner is born on 13.11.1991, got admitted in Public School Ganderbal having left the said school on 29.11.2001 after studying up to 5th Standard.
3. The petitioner states that he thereafter, got admitted in the Institute of respondent No. 5 and studied up to 8th Standard therein, and left the said institute in the Month of November, 2004, whereafter, states to have got admitted in the 9th Standard in the Institute of respondent No. 4 and passed the 10th Standard (Secondary School Examination) in the year 2006 under registration No. 05NKM-801612 from the said institute.
4. It is being next stated that on receiving the qualification certificate of the 10th Standard, the petitioner came to know about incorrect recording of his parentage and date of birth in the said qualification certificate dated 10.02.2007.
5. The petitioner further states that the incorrect date of birth and parentage had got incorporated wrongly by the Institute of respondent No. 5 at the time of seeking discharge from the said Institute and that the same incorrect particulars had got incorporated in the records of the Institute of respondent No. 4 in its admission register.
6. The petitioner next states that the respondent No. 4 had failed to verify the particulars of the petitioner at the time of his admission in its Institute and not only incorporated the said incorrect particulars in the admission record, but had also forwarded the same to respondent No. 2 for the registration. The respondent No. 2 is stated to have not verified the particulars of the petitioner as well.
7. The petitioner next states that upon coming to know about the incorporation of incorrect particulars about his parentage and date of birth, he approached the respondent No. 2 for seeking correction of the same and paid the requisite fee thereof vide receipt dated 12.03.2007, besides making the necessary publication in the newspaper on the same date upon a direction from the respondent No. 2.
8. It is being further stated that the petitioner approached the respondent No. 5 thereafter, who sent a communication bearing No. C.O.E.1/17/GBL dated 17.07.2007 to respondent No. 4, making him aware about the mistake having got incorporated in the school leaving certificate of the petitioner, besides forwarding a certificate with correct particulars to the respondent No. 4 for making necessary corrections.
9. The petitioner further states that the respondent No. 4, in turn, also sent a communication bearing No. BHSI/G 110 dated 18.07.2007 to the respondent No. 3, making him aware about the communication sent by the respondent No. 5 in this regard and the respondent No. 3 is stated to have taken cognizance of the said communication and is stated to have in turn sent a communication No. F1 (Correction-Certs) B/07 dated 16.08.2007 to Public School at Ganderbal, wherein the petitioner had initially got admitted/enrolled up to 5th Standard and also to the respondent No. 4 and 5 for production of record in original pertaining to the petitioner.
10. It is being next stated that in the meantime, the petitioner passed his Higher Secondary Part Two Examination and the certificate issued thereof again reflected the incorrect parti
The dismissal of suits on technical grounds does not bar a petition under Article 226. Admission of mistake by respondent institutions and lack of credible reasons for rejection can influence the cou....
Date of birth correction - Birth Certificate issued by the competent authority under the provisions of the Act of 1969 is a statutory certificate, which has very high evidentiary value and respondent....
Academic records must align with accurate public documents, and requests for corrections should be processed without unreasonable preconditions.
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