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2019 Supreme(Online)(P&H) 84

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MINAKSHI – Appellant
Versus
BOARD OF SECONDARY EDUCATION AND OTHERS – Respondent



correct the date of birth of the plain(cid:16)ff as 14.11.1996 in place of 28.07.1997. However, the remaining relief as claimed by the plain(cid:16)ff qua change of her name was declined.

4. While considering the appeal filed by the plain(cid:16)ff against the aforesaid findings, the First Appellate Court has discussed the controversy as under:-

“9. The short controversy in the present case is whether plain(cid:21)ff is en(cid:21)tled to get her name corrected in birth cer(cid:21)ficate, Secondary examina(cid:21)on, Secondary School Examina(cid:21)on Cer(cid:21)ficate as well as in her DMCs ‘Minakshi’ instead of ‘Mukesh’ as recorded in the above men(cid:21)oned cer(cid:21)ficate.

10. From the pleadings as well as evidence of the par(cid:21)es, following facts clearly emerge:-

➢ Date of birth of appellant in Birth Cer(cid:21)ficate Ex. P-9 issued by Sub Registrar, Births & Deaths, Hisar is recorded as 14.11.1996;

➢ In date of birth cer(cid:21)ficate Ex. P-9 name of appellant is men(cid:21)oned as Dipali and not as Mukesh which is men(cid:21)oned in her cer(cid:21)ficates or Minakshi which appellant-plain(cid:21)ff is seeking to change;

➢ In Ex. P-1 Secondary Examina(cid:21)on cer(cid:21)ficate, Ex. P-2 Senior Secondary Examina(cid:21)on Cer(cid:21)ficate, Ex. P-4 to Ex. P-7 DMCs (Detailed Mark Cer(cid:21)ficates) for B.Com. Name of plain(cid:21)ff appellant is men(cid:21)oned as Mukesh. All these cer(cid:21)ficates pertains to period prior to filing of present suit in 2017.

11. Learned trial court has already given relief of change of date of birth as per birth cer(cid:21)ficate and no appeal has been preferred by defendants against said relief. The case of plain(cid:21)ff-appellant is that she was known as Minakshi but on account of mistake of school and college authori(cid:21)es her name was got men(cid:21)oned as Mukesh in her educa(cid:21)onal cer(cid:21)ficates Ex. P-1, Ex. P-2 & Ex. P-4 to Ex. P-7. In order to establish her plea she has placed reliance upon Aadhar card Ex. P-8, Pan card Ex. P-10 and ra(cid:21)on card Ex. P-3. Perusal of Aadhar card and Pan card of plain(cid:21)ff goes to show that Aadhar card was issued on 18.10.2016 and there is no date men(cid:21)oned on the pan card however, from photograph on Pan card it is clear that same was recent one. Perusal of ra(cid:21)on card Ex. P-3 goes to show that same was issued in the name of ‘Minakshi’ but it is not dated and from Ex. D-1 it is clearly made out that even Ex. P-3 is recent one as in ra(cid:21)on card Ex. D-1 which was issued earlier name of plain(cid:21)ff has been shown as Mukesh Bala and by striking the name it has been changed to Minakshi without any ini(cid:21)al on cu?ng. It is therefore, clearly made out that all the documents relied upon by appellant to show that respondents had commi@ed error in recording her name, are of subsequent period to recording of name as ‘Mukesh’ by respondents. From the evidence produced by appellant-plain(cid:21)ff is clearly made out that name of plain(cid:21)ff- appellant was Mukesh and aBer passing B.Com II in year 2015 she had changed the name to Minakshi. There is no error on the part of respondents in recording her name as Mukesh. Therefore, appellantplain(cid:21)ff is not en(cid:21)tled to get her cer(cid:21)ficate corrected for the reasons that same was got wrongly recorded by the respondents. Respondents have rightly recorded her name as Mukesh. It is to be noted that there can be error in recording date of birth and not in recording name for more than five years by different authori(cid:21)es as use of name is primary and any error in same can be detected at the ini(cid:21)al stages itself. The plea & evidence of plain(cid:21)ff that her name was wrongly recorded as Mukesh by defendants is not trustworthy.

12. From the evidence led by the par(cid:21)es, it is clearly made out that plain(cid:21)ff had sought to change of her name aBer issuance of cer(cid:21)ficates therefore she is not en(cid:21)tled to get it correc

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