A.Deivam v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN A.Deivam ... Petitioner Vs.
1. The Director, School Education Department, College Road, Chennai - 600 006.
2. The District Education Officer, Thallakulam, Madurai, Madurai District.
3. The Chief Educational Officer, Thallakulam, Madurai, Madurai District.
4. The Head Master, Government Kallar Higher Secondary School, Vadakkampatti, Vadakkampatti (Post) Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the fourth respondent to forward the petitioner's representation dated 15.07.2020 to the first respondent consequently the first respondent alter the initial of petitioner's younger son namely D.Lenin's Transfer Certificate, 10th, 11th and 12th Mark Statement D.Lenin instead of T.Lenin within the time stipulated. For Petitioner : Mr.V.Selvakumar For respondents : Mr.K.Sathya Singh Additional Government Pleader ***
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus directing the fourth respondent to forward the petitioner's representation dated 15.07.2020 to the first respondent and consequently, to direct the first respondent to alter the initial of 1/3
petitioner's son, namely, D.Lenin in all his certificates, viz., Transfer Certificate, 10th, 11th and 12th Mark Statements instead of T.Lenin within the time stipulated by this Court. 2.Heard the learned Counsel appearing for the petitioner and Mr.K.Sathya Singh, learned Additional Government Pleader, who took notice for the respondents.
3.The learned Counsel appearing for the petitioner submitted that the petitioner is an illiterate and belongs to Piramalai Kallar Community (DNC). He has two sons, namely, D.Vinoth and D.Lenin. Since the petitioner has not obtained birth certificates for his two children, he filed Cr.M.P.Nos.5326 and 5327 of 2016 before the learned Judicial Magistrate No.II, Usilampatti and based on the order passed in the above Criminal Miscellaneous Petitions, he obtained birth certificates on 13.03.2017 for both of them. The petitioner's younger son, namely, D.Lenin, has completed his school studies and joined in a college for degree course. At the time of joining the degree Course, he came to know about his name was wrongly mentioned as "T.Lenin" instead of "D.Lenin".
Immediately, when the petitioner approached the fourth respondent for rectification of the initial in the transfer certificate and mark statements of the petitioner's younger son, he advised the petitioner to approach the second respondent who is the competent authority to rectify the mistake. Therefore, the petitioner approached the second respondent who in turn advised the petitioner to apply through the school management namely the fourth respondent. As the fourth respondent has wrongly mentioned the initial in the Transfer Certificate, the same was carried out in all the certificates. He further submitted that except the transfer certificate, 10th , 11th and 12th Mark Statements, in all other documents viz., Aadhar card, Birth Certificate and Court order, the initial and name of the petitioner's son was mentioned as D.Lenin.
Since the petitioner was driven from pillar to post, he has come forward with the present Writ Petition.
4.According to the petitioner, there is a typographical error crept in in the Transfer Certificate, 10th, 11th and 12th Mark Statements of his son as T.Lenin instead of D.Lenin. The petitioner has also produced a copy of the SSLC mark statement of his elder son, namely, D.Vinoth wherein the initial is rightly mentioned as 'D' as the petitioner's name is A.Deivam. Therefore, there is every justification in the submission of the petitioner seeking alteration of initial in the certificates of his younger son viz., D.Lenin. Hence, this Court, instead of directing the respondents to consider the representation of the petitioner, directs the fourth respondent to carry out the mistake in the Transfer Certificate and issue fresh certificate to the petitioner's name as 'D.Lenin'. Further, the first respondent is also directed to carry out the mistake in all the mark statements and issue the same within a period of thirty days from the date of receipt of a copy of this order. 2/3
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To
1. The Director, School Education Department, College Road, Chennai - 600 006.
2. The District Education Officer, Thallakulam, Madurai, Madurai District.
3. The Chief Educational Officer, Thallakulam, Madurai, Madurai District.
4. The Head Master, Government Kallar Higher Secondary School, Vadakkampatti, Vadakkampatti (Post) Madurai District.
+1 CC to the SPL GP ( SR-19297[F] dated 07/10/2020 ) 06.10.2020 SCR(CO) CS(14.10.2020) 3P 6C 3/3