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Madras High CourtWP/4406/2019disposed of

Dhinakaran v. The Director

2019-02-15Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.02.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.4406 of 2019 and W.M.P.No.5081 of 2019 1.Dhinakaran 2.Chandru .. Petitioners Vs.

1. The Director Department of School Education, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2. The Director, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 9.

3. The Joint Director of Government Examination, D.P.I Campus, Nungambakkam, Chennai 600 034.

(R3 is suo-motu impleaded as per the order of this Court dated 15.02.2019) .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to alter the name of the petitioners' father from Govindasami to Baburam in all their educational certificates and to issue modified certificates, by considering their representation dated 28.12.2018. For Petitioners : Mr.P.Valliappan For Respondents : Mr.K.Karthikeyan Government Advocate(Edn)

O R D E R

The petitioners have come up with this writ petition seeking a direction to the respondents to alter the name of the petitioners' father from Govindasami to Baburam in all their educational certificates and issue modified certificates, by considering their representation dated 28.12.2018. 2.

According to the petitioners, the petitioners' parents moved to Punjab to eke out their livelihood and the petitioners were under the care and custody of their uncle, Pazhani. The first petitioner has completed B.E.Mechanical Engineering and the second petitioner has completed Diploma in Mechanical Engineering. When the transfer certificate and other educational certificates were issued to the petitioners, it is found that the petitioners' father's name was wrongly mentioned as Govindhasami instead of Baburam. Therefore, the petitioners made a representation dated 28.12.2018 to the respondents requesting to alter their father's name in all educational certificates along with necessary documents like, Aadhar Card, Voter's ID card, Family Ration Card. Having received the said representation, the respondents have not considered the same so far. Hence, the petitioners are constrained to file this Writ Petition.

3. Heard Mr.N.Inbanathan, learned Additional Government Pleader on behalf of the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the third respondent to consider the petitioners' representation dated 28.12.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioners and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition stands disposed of. No costs. Connected miscellaneous petition is closed.

srn Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To

1. The Director Department of Scholl Education, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2. The Director, Department of Higher Education, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 9.

3. The Joint Director of Government Examination, D.P.I, Campus, Nungambakkam, Chennai 600 034.

+1cc to Mr.P.Valliappan, Advocate, SR.No.14438 +1cc to the Govt. Pleader, vide SR.No. 14608 W.P.No.4406 of 2019 and W.M.P.No.5081 of 2019 BR(CO) Kak(28/03/2019)