Vetri Joy Hepsiba .E v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.20177 of 2022 E.Vetri Joy Hepsiba .. Petitioner

Versus

1.The Director of School Education, 2.The State Board of School Education, Rep. by its Secretary, Department of Government Examinations, 3.The Joint Director of School Education, 4.The District Educational Officer, Virudhunagar District, Virudhunagar.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to 1/6

carryout the correction in the petitioner's name as ''Vetri Joy Hepsiba'' instead of ''Vetti Joy Hepsiba'' in Secondary School Leaving Certificate [SSLC] in Certificate No.5238296 and Higher Secondary Course [HSC] in Certificate No.00026463, issued by the second respondent, based on the petitioner's representation dated 13.08.2022.

For Petitioner :

Mr.K.Dinesh For Respondents :

Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to carryout correction in the petitioner's name as ''Vetri Joy Hepsiba'' instead of ''Vetti Joy Hepsiba'' in Secondary School Leaving Certificate No. 5238296 [SSLC] and Higher Secondary Course Certificate No.00026463 [HSC], issued by the second respondent, based on the petitioner's representation dated 13.08.2022.

2.The learned counsel for the petitioner submits that the petitioner's original name is ''Vetri Joy Hepsiba'', but, in the Secondary School Leaving Certificate and also in the Higher Secondary Course Certificate, her name has been wrongly mentioned as ''Vetti Joy Hepsiba''. Therefore, the petitioner has taken all the steps to correct her name, including to notify the same in the Tamil Nadu Government Gazette, and in this regard, a Tamil Nadu 2/6

Government Gazette Notification, dated 11.09.2002, has also been issued. Thereafter, the petitioner sent a representation, dated 13.08.2022, to the respondents to change her name as ''Vetri Joy Hepsiba'' instead of ''Vetti Joy Hepsiba'' in the S.S.L.C. and H.S.C. Certificates. However, till date, no action has been taken. Hence, the petitioner has filed this Writ Petition for the relief stated supra.

3.The fourth respondent filed a counter affidavit stating that there is no necessity to record any change in the S.S.L.C. or H.S.C. Certificates of the petitioner. Instead, the petitioner is to enclose the Gazette Notification along with the Certificates inasmuch as there is no possibility to make any alteration in the said Certificates as per the Subsidiary Rule 5 of the S.S.L.C. Scheme, which prohibits any alteration after the petitioner has ceased to be a student. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 5.On perusal of the petitioner's S.S.L.C. mark sheet, dated 30.06.1998 and H.S.C. Mark sheet, dated 31.03.2000, it is seen that the petitioner's name has been mentioned as ''G.Vetti Joy Hepsiba''. To change her name in the said Certificates, the petitioner has issued Tamil Nadu Government Gazette 3/6

Notification, dated 11.09.2002 and sent a representation dated 13.08.2022 to the authorities concerned. However, no action has been taken so far. Hence, the present Writ Petition.

6.It is seen from the documents annexed along with this Writ Petition, namely, the Passport of the petitioner, issued on 17.03.2020, and in the Mark list issued by the Board of Nursing Education, the petitioner's name has been correctly mentioned as ''Vetri Joy Hepsiba'' and a Gazette Notification, dated 11.09.2002, has also been issued. There is a contradiction in the name of the petitioner in the S.S.L.C. and H.S.C. Certificates. 7.In view of the above, the respondents are directed to consider the same and correct the name of the petitioner as ''Vetri Joy Hepsiba'' in the said certificates, within a period of 12 weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of accordingly. No costs. Index : Yes/No 06.09.2022 smn2 To 1.The Director of School Education, 4/6

2.The Secretary, State Board of School Education, Department of Government Examinations, 3.The Joint Director of School Education, 4.The District Educational Officer, Virudhunagar District, Virudhunagar.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.20177 of 2022 06.09.2022 6/6