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High Court for State of TelanganaWP/17290/2011disposed of no costs

Mohammed Fasiuddin, v. The Secretary,

2015-07-22Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.17290 OF 2011 Between:

Mohammed Fasiuddin .. Petitioner And The Secretary, Board of Secondary Education, Andhra Pradesh, Hyderabad and others .. Respondents DATE OF JUDGMENT PRONOUNCED: 22-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17290 of 2011 ORDER:

The grievance of the petitioner in this case was that the respondent authorities were not taking action to correct his son's name in the Secondary School Certificate dated 23.05.2010. It appears that the petitioner's son's name was mentioned as 'Shaik Saddam Hussain' but his name was changed thereafter by way of a gazette notification and the petitioner therefore seeks incorporation of the name 'Mohammad Saddam Hussain' in the said certificate. Learned Assistant Government Pleader for Education informed this Court that the petitioner failed to have the application forwarded through the school concerned and therefore, the same could not be acted upon. He states that the Zilla Parishad Secondary School, Chinturu, Khammam District, the 4th respondent herein, was the school in which the petitioner's son studied and therefore, the application would have to be sent through the said school.

He further states that the Director of School Education, Hyderabad, would be competent to entertain applications for corrections/modifications in the Secondary School Certificate within three years from the date of completion of the course. In the present case, the petitioner's son completed his Secondary School Certificate course in the year 2010. He approached this Court seeking redressal of the grievance as to the correction of the Secondary School Certificate in June, 2011. Therefore, there is no delay on the part of the petitioner. The period during which the writ petition was pending before this Court necessarily has to be excluded for reckoning of the three years period of limitation mentioned by the

learned Assistant Government Pleader.

The writ petition is therefore disposed of permitting the petitioner to apply to the 4th respondent school and ask for the same to be forwarded to the Director of School Education, Hyderabad, the 2nd respondent, for correcting the name of his son in his Secondary School Certificate. The petitioner would have to support the said application with necessary documentation. In the event such an application is made, the 4th respondent school shall consider the same and forward it to the Director of School Education, Hyderabad, in accordance with the due procedure.

If such a proposal is forwarded by the 4th respondent school, the Director of School Education, Hyderabad, shall consider the same in accordance with law and take necessary action. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.

______________________ SANJAY KUMAR, J Date:22.07.2015 KH