IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11831 of 2022 ==========================================================

SOLANKI KRISHNA RAMESHBHAI Versus DISTRICT EDUCATION OFFICER, GANDHINAGAR ==========================================================

Appearance:

MR SHAUNAK R DAVE(5487) for the Petitioner(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P.

MAYEE Date : 01/09/2022 ORAL ORDER

1. Rule returnable forthwith. Ms. Nidhi Vyas, the learned AGP waives service of notice of rule for and on behalf of the respondent – State.

2. By way of present writ-application under Article 226 of the Constitution of India, the present petitioner has prayed for the following reliefs:-

12(A) Be pleased to issue appropriate writ, direction or order in the nature of certiorari or mandamus or any other writ for directing the respondents to correct the spelling in Leaving Certificate register maintained by them and issue fresh Leaving Certificate to the petitioner by stating the correct spelling “SOLANKI KRISHNA RAMESHBHAI” of the petitioner’s name instead of SOLANKI KRUSHNA RAMESHBHAI.

(B) Be pleased to direct the respondents – authorities for issuing provisional Leaving Certificate by stating the correct spelling of the name of the petitioner for application in various Schedule Caste Schemes by Government during the pendency and final disposal of this petition.

(C) Kindly pass such other and further order or orders as may be deemed just and expedient in view of the facts and circumstances of the case.

3. It is submitted by the learned advocate appearing for the petitioner that the Birth Certificate of the petitioner shows the name as “KRISHNA”, whereas, the School Leaving Certificate issued to her on 19.02.2022 by the Mahatma Gandhi Vidhyamandir records the name as ‘KRUSHNA’ in Gujarati language. The petitioner has relied on various other documents, which shows her name as “KRISHNA”. The name as recorded in the birth certificate and even in the S.S.C. Marksheet issued by the Gujarat Secondary & Higher Secondary Education Board, Gandhinagar is “KRISHNA”. She made an application dated 21.03.2022 to the respondent no.2 for correction of her name in the School Leaving Certificate. Another representation dated 07.04.2022 was also made to the respondent no.1–District Education Officer, Gandhinagar. However, the said representations were not responded to by the concerned respondents. It is further submitted that the said error in the name is purely clerical error and it is required to be corrected. Since the School Leaving Certificate is a vital document and the said error would create a doubt.

4. Ms. Nidhi Vyas, the learned AGP appearing for the respondent – State submits that by letter dated 11.05.2022, the respondent no.1 – D.E.O. has directed the school authority i.e. the respondent no.2 to consider the representation of the petitioner in accordance with law. Pursuant to the said communication, the respondent no.2 by letter dated 26.08.2022 has informed the petitioner that in view of Rule- 12(A)(6) of the Gujarat Secondary Education Regulation, 1974, the said correction cannot be carried out.

5. Learned counsel appearing for the petitioner submits and relies upon the judgment of this Court in the case of Vasudev Prahladbhai Patel Vs. State of Gujarat reported in 2019 (1) GLH 222. He submits that this Court has time and again issued a writ of mandamus directing the concerned authorities to make correction in the vital document, where discrepancies have cropped up.

6. Heard learned counsel appearing for the parties. In the present case, it is quite apparent that there is a error in writing the name of the petitioner. While the name of the petitioner in the Birth Certificate and S.S.C. Marksheet is shown as “KRISHNA”, but in the School Leaving Certificate, which is a hand-written document, the name hand-written in Gujarati la