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2026 Supreme(Online)(Guj) 12027
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hemant M. Prachchhaka, J
SHAMAPARVEEN ABDUL KAIYUM PATHANV/sGUJARAT SECONDARY AND HIGHER SECONDARY BOARD
C/SCA/11885/2024 | R/SPECIAL CIVIL APPLICATION NO. 11885 of 2024
For the Appellants/Petitioners: Inayatali Saiyed, Shriraj D Shah
For the Respondents: Notice Served
The High Court can exercise its extraordinary jurisdiction under Article 226 to direct school authorities to correct clerical errors in school leaving certificates when government records are genuine, ensuring citizens are not subjected to unnecessary hardship for petty administrative corrections.
Headnote:(A) Writ Jurisdiction - Correction of School Records - Rectification of clerical errors in School Leaving Certificates - When there is no dispute regarding the genuineness of government records, the court may exercise its extraordinary jurisdiction under Article 226 to prevent citizens from facing undue hardship for petty administrative causes. (Para 8)
(B) Administrative Action - Representation - Failure of authorities to decide on a representation for name correction - Direction to decide the representation within a stipulated timeframe and mutate records is appropriate where the request is genuine. (Para 7, 10)
Issues: Whether the court should direct the school authorities to correct the father's name in the petitioner's school leaving certificate to facilitate a passport application.
| Table of Content |
|---|
| 1. request for correction of father's name in school records due to clerical error. (Para 1 , 2 , 3 , 4) |
| 2. hardship caused by administrative error and reliance on legal precedents for correction. (Para 5) |
| 3. exercise of article 226 jurisdiction for petty administrative corrections to avoid citizen hardship. (Para 6 , 7 , 8) |
| 4. direction to decide representation and mutate records within a fixed timeframe. (Para 9 , 10) |
ORAL JUDGMENT
1. Rule returnable forthwith.
2. Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India seeking below mentioned relief/s:-
“10(i) Your Lordships be please to admit and allow present petition.
(ii) Your Lordships be please to issue appropriate writ, order, directions to the Respondent no-3 school authorities to mutate the name of father of the petitioner and thereby issue fresh school leaving certificate in the name of Petitioner as "Shamaparveen Abdul Kaiyum Pathan" as requested to Respondent no-3 vide Annexure "C" dated-17/4/2024.
(iii) Your Lordships be please to direct Respondent no-3 to carry out the aforesaid changes in the name of the petitioner in school leaving certificate pending the final disposal of the present petition.
(iv) Any other prayer as deemed fit may be gratned in the interest of justice”
3. The fact giving rise to present petition are that the Petitioner was an ex-student of Respondent No. 3 at the relevant point of time in the year 2011. After completion of her studies at Respondent No. 3 school, the school authorities issued a School Leaving Certificate dated 04/07/2011 bearing G.R. No. 3135 and L.C. No. 3155. As per government records and documents, the full and correct name of the Petitioner is “Shamapraveen Abdul Kaiyum Murtuja Husen Pathan.” However, inadvertently, in the school records, i.e., in the School Leaving Certificate, the name of the Petitioner’s father has been wrongly and incorrectly mentioned as “Kaiyumhusain” instead of the correct name “Kaiyum Murtuja Husen.”
3.1 Therefore, the Petitioner made several oral requests to Respondent No. 3 to carry out the necessary correction and rectify the name of her father as per the official government records. However, Respondent No. 3 failed and refused to take any action in this regard. The Petitioner also submitted a written representation dated 17/04/2024 requesting the said correction, but no response has been received from Respondent No. 3 to date.
3.2 The Petitioner intends to apply for a passport before the Passport Authority. However, due to the discrepancy in the name of her father as recorded in the School Leaving Certificate and other government documents, the Passport Authority is not proceeding with the application.
3.3 In view of the above facts the petitioner has preferred present petition.
4. Heard learned counsel for the petitioner. Though notice issued by this Court is served upon the respondents, they have chosen not to appear before this Court.
5. It is submitted that the inaction and wrongful action on the part of Respondent No. 3 have caused severe hardship to the Petitioner in carrying out her day-to-day affairs, particularly with regard to the issuance of a passport. It is also submitted that the Passport Authorities are insisting upon rectification of the discrepancy at the earliest, and due to the said error in the School Leaving Certificate, the Petitioner is unable to proceed further with her passport application.
5.1 It is submitted that the identity proofs of the Petitioner are based on official government records, and at no point has the genuineness or authenticity of the same been disputed or challenged by any of the Respondents. Therefore, under such circumstances, no prejudice would be caused to the Respondents if the reliefs prayed for by the Petitioner are granted.
5.2 It is submitted that the issue involved in the present petition is squarely covered by the judgment rendered by this Hon’ble Court in the case of Vasudev Pr
