Educational authorities must prioritize primary statutory documents, such as birth certificates, over school registration records when correcting clerical errors. Procedural regulations should be interpreted pragmatically to facilitate genuine record rectification rather than using technical rigidity to frustrate the correction of clear administrative mistakes.

JUDGMENT

1. Rule, returnable forthwith. Mr. Aditya Davda, learned AGP waives service of notice of rule on behalf of respondent No.1 and Mr. A.D. Oza, learned counsel waives service of notice of rule on behalf of respondent No.3. Though, served respondent Nos. 2 and 4 have chosen not to remain present before this Court.

2. With consent of the learned counsel appearing for the respective parties, the matter is taken up for final hearing today.

3. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India r/w the provisions of Registration of Birth and Death Act, 1969 against the letter/communication dated 17.7.2023 as well as dated 06.11.2023 issued by respondent No.2, seeking below mentioned relief/s:-

"16(A) YOUR LORDSHIPS be pleased to admit and allow this petition;

(B) YOUR LORDSHIPS may be pleased to issue writ of mandamus or any other appropriate writ, order or direction, quash and setting aside the impugned letter/communication dated 17.7.2023 as well as dated 06.11.2023 issued by Respondent No. 2 authority and further be pleased to direct the respondent authorities to correct the name of the Petitioner from "Pankhaniya Krisha Dineshbhai" (incorrect) to "Pankhaniya to Krisha Dineshkumar" (Correct) in the School Leaving certificate and also be pleased to direct the respondent authority to issue corrected School Leaving certificate as well as Secondary School Certificate Examination as well as Statement of Marks in the interest of justice; (At Annexure A(Colly), B(Colly) and C(Colly).

(C) YOUR LORDSHIPS may be pleased to direct grant such other and further reliefs as may be deemed fit and proper, in the interest of justice and equity;"

4. The facts giving rise to present petition are that the Petitioner was born on 13.01.2006 at Porbandar and initially studied under the Gujarat Secondary and Higher Secondary Education Board. After passing the 10th Standard from Respondent No. 3 school, the Petitioner shifted to a school affiliated with the Central Board of Secondary Education. Respondent No. 3 erroneously issued the Statement of Marks and Secondary School Certificate in the name of the Petitioner as “Pankhaniya Krisha Dineshbhai” instead of the correct name “Pankhaniya Krisha Dineshkumar”. Subsequently, Respondent No. 4 also issued a School Leaving Certificate dated 08.06.2022 reflecting the same incorrect name due to a clerical error.

4.1 The correct name of the Petitioner as per the Birth Certificate and Aadhaar Card is “Pankhaniya Krisha Dineshkumar”, and the name of the Petitioner’s father is consistently recorded as “Dineshkumar” in all official documents including Birth Certificate, Aadhaar Card, PAN Card, Election Card, and Passport. The aforesaid discrepancy has arisen due to an inadvertent mistake on the part of the school authorities.

4.2 The Petitioner and Respondent No. 4 approached Respondent No. 2 for correction of the father’s name in the educational records. However, the application dated 17.07.2023 was rejected on technical grounds citing non-compliance with Rule 12(A) of the Gujarat Secondary and Higher Secondary Education Rules, 1974 , and further communication dated 31.07.2023 also refused the request. Thereafter, the Petitioner’s father executed an affidavit before the Executive Magistrate, Porbandar affirming the correct name, and a fresh application dated 02.11.2023 was submitted. However, the same came to b