JUDGMENT

SHAJI P.CHALY,J.

This appeal is preferred by respondents in W.P.(C) No.10331 of 2021, challenging the judgement of the learned Single Judge dated 12.8.2021, by which the learned Single Judge directed the appellants to reconsider the correction of the Secondary School Leaving Certificate record showing the caste of the respondent/ writ petitioner as “Vilakkithala Nair” based on Exhibits P1 to P3, P5 & P6 documents produced by the writ petitioner and in the light of the letter from the Head Mistress produced as Exhibit P7. It was also found that the letter of the Head Mistress shows that she had verified the documents and found that the request made is justified. It was in the above circumstances, the appellant was directed to consider the issue, without insisting on the production of copy of the application for admission submitted by the writ petitioner in Class I, and a copy of the admission register of Class I, within a period of two months from the date of receipt of a copy of the judgement.

2. Brief material facts for the disposal of the writ appeal are as follows;

according to the writ petitioner, she belongs to “Vilakkithala Nair” community, which is categorised as 'Other Backward Class'. However, the caste of the petitioner was mistakenly noted in Exhibit P4 Secondary School Leaving Certificate as “Hindu Nair” instead of “Vilakkithala Nair”, which according to the petitioner, disqualifies her from securing reservations applicable for the OBC category. It was thereupon that the petitioner filed an application before the appellant to correct the caste of the petitioner in Exhibit P4 certificate, taking into account Exhibits P5 & P6 community certificates issued by the Village Officer, Vadakkencherry and Tahsildar, Alathur dated 12.11.2020 and 16.1.2021, respectively. However, the said application was returned by the authority directing the petitioner to produce admission related documents of the petitioner from the 1st standard.

3. The case of the petitioner is that it is impossible to produce the certificate since the previous school of the petitioner is closed and the chances of securing a copy of the application and other certificates from class I is nothing short of impossibility. The learned Single Judge, after taking into consideration the entries in Exhibit P1 - transfer certificate dated 31.5.1978 issued to the father of the petitioner showing the caste as “Hindu Vilakkithala Nair”; OBC, entries in Exhibit P2 - SSLC Book of the mother of the petitioner showing the caste as “Vilakkithala Nair – OBC”, Exhibits P5 & P6 community certificates and Exhibit P7 letter issued by the HeadMistress of the High School dated 16.11.2020, has allowed the writ petition and directions were issued also relying upon the provisions of law laid down by the Apex Court in Jigya Yadav v. Central Board of Secondary Education [2021(3) KLT 711 (SC)]. It is thus challenging the legality and correctness of the judgement, the appeal is preferred by the appellant.

4. The paramount contention advanced in the appeal is that the impugned judgement was passed without granting an opportunity to the appellant to ascertain the genuineness of the statement given in the writ petition regarding the non- availability of admission records on account of the closure of the previous school of the petitioner; that such an aspect is not disclosed in the application submitted by the petitioner and therefore, the contentions regarding the closure of the school are suspicious; and even if a school is closed, the documents will be preserved as per the procedure. That apart it is submitted that the learned Single Judge has failed to notice the law prescribed in Chapter VI, Rule 3 of Kerala Education Rules, 1959 for change of name, religion, and date of birth once entered into the admission register. It is also submitted that as per the Government Order - G.O.(MS) No.80/84/GAD dated 14.3.1984 issued by the State Government in this regard i.e., in the case of chang