IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14536 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================================

Approved for Reporting Yes No ==========================================================

FERNANDES AYESHA SONIYA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR NIRAD D BUCH(4000) for the Petitioner(s) No. 1 MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,3 MS YASHVI R SHAH FOR MR AD OZA(515) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 20/03/2026

JUDGMENT

1. RULE returnable forthwith. Learned counsel for the respondents waives service of notice of rule on behalf of the respondents. With the consent of the learned counsels for the respective parties, the present petition is taken up for final hearing today.

2. Present petition is filed by the petitioner under Articles 14, 21 and 226 of the Constitution of India read with the provisions of the Gujarat Secondary Educations Regulations, 1974 seeking following reliefs:

“(A) Your Lordships may be pleased to admit and allow this application;

(B) Your Lordships be pleased to command the Respondent No. 4 school to issue a fresh school leaving certificate with the name of the mother of the petitioner - ‘Soniya’ after her name so as to read the same as ‘Fernandes Ayesha Soniya’;

(C) Your Lordships to pass such other and further orders necessary in the interest of justice.”

3. Brief facts giving rise to the present petition are that, the mother of the petitioner, Soniya Frankie Fernandes, got married to Sikander Mohammed Iqbal. That, they got divorced according to personal law. That, the mother of the petitioner filed an affidavit to change the names of the petitioner and her sister and filed another affidavit to change her own name. That, the petitioner and her mother requested the school to add the mother’s name to the school leaving certificate, but the school refused to accept the application. Being aggrieved by the same, the petitioner has preferred the present petition.

4. Heard the learned counsel for the respective parties.

Perused the materials available on record.

5. Mr. Buch, learned counsel for the petitioner has submitted the same facts which are narrated in the memo of petition and has further submitted that the present petition deserves to be allowed.

6. Ms. Yashvi Shah, learned counsel appearing on behalf of the Mr. Oza, learned counsel for the respondent no. 2 has objected the petition and submitted that the petition being meritless deserves to be dismissed.

7. I have heard the learned counsel appearing for the respective parties and perused the material placed on record. It appears from the record that the petitioner’s parents got divorced and subsequently, the petitioner’s mother filed an affidavit to change her name and the names of the petitioner and her sister. However, when the petitioner and her mother requested the school to add the mother’s name to the school leaving certificate of the petitioner, the school refused to accept the application.

8. In view of the aforesaid facts and circumstances of the case, the petition is allowed. The respondent – School is directed to issue a fresh school leaving certificate to the petitioner with the name of the mother of the petitioner - ‘Soniya’ after her name so as to read the same as ‘Fernandes Ayesha Soniya’. Rule is made absolute.

(HEMANT M. PRACHCHHAK,J)

ANUSRI