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Madras High CourtWP(MD)/21308/2022disposed of

Syed Ibrahim v. The Secretary

2022-09-21Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21308 of 2022 Syed Ibrahim ... Petitioner vs.

1.The Secretary, State Board of School Examination, Directorate of Government Examination, Nungambakkam, Chennai.

2.The Principal, Government Higher Secondary School, Uthamapalayam Taluk, Theni.

3.The Principal, St. Aloysius Higher Secondary School, Royapampatti, Uthamapalayam Taluk, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to rectify the mistake in the educational certificates of the petitioner as regards the name of his father and initial, by considering his representation dated 01.03.2022 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For R1 & R2 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to rectify the mistake in the educational certificates of the petitioner as regards the name of his father and initial, by considering his representation dated 01.03.2022.

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2. The case of the petitioner is that he belongs to an economically weaker section of the society and his father Abbas Ali had no education. Thus, while admitting the petitioner in the third respondent School, he had disclosed his nick name 'Ibrahim'. The same has been recorded in the petitioner's school admission records. Due to the above, all the educational certificates of the petitioner carry the name of the petitioner's father as 'Ibrahim' and his initial as 'I' instead of Abbas Ali. Hence, the petitioner has made a representation to the respondent on 01.03.2022, to rectify the mistake in the educational certificates and issue fresh certificates. But the respondents have not taken any action to rectify the same. Therefore, the petitioner has filed the present writ petition.

3. The learned Additional Government Pleader has filed a counter stating that originally the writ petitioner had sent a representation to the authorities and the said representation was considered by the authorities and stated that the second respondent collected the needed documents from the petitioner and forwarded the same to the first respondent in December 2019 itself through Assistant Director of Government Examinations, Theni. The first respondent has sent a reply with proper directions to follow for the rectifications to the Assistant Director of Government Examination, Theni in December 2019. The directions are that, A. The individual should sent the S.S.L.C. Marks Statement with the +2 Mark Statement where the rectification required. B. The other required documents should be sent along with self addressed envelope by affixing the stamp worth Rs.42/-. C. If the initial rectification is required in S.S.L.C. Mark Statement, the individual is asked to send the Mark Statement with corrections.

4. The Assistant Director of Government Examinations, Theni sent a reply with the directions given by the first respondent to the petitioner and also to the second respondent on 28.12.2019. The same was received by the petitioner by affixing his signature. But the petitioner has not complied with the said directions and kept quiet. Now, the petitioner has filed another representation on 01.03.2022, after delay of two years and three months.

5. As already stated, the petitioner being the only educated person in the family, in order to uplift the downtrodden people, it is the duty of the Court to direct the respondents to comply with the order of this Court by rectifying the errors committed by the petitioner's father in the educational certificates. The respondents are directed to obtain the documents, which will be forwarded by the petitioner and after receipt of the same, they will rectify the mistakes and issue fresh certificates with the correct name of the father and the initial of the petitioner. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // /10/2022 Sub Assistant Registrar(CS) akv To 1.The Secretary, State Board of School Examination, Directorate of Government Examination, Nungambakkam, Chennai.

2.The Principal, Government Higher Secondary School, Uthamapalayam Taluk, Theni.

3.The Principal, St. Aloysius Higher Secondary School, Royapampatti, Uthamapalayam Taluk, Theni District.

+1 CC to M/s.SPL.GP ( SR-46322[F] dated 22/09/2022 ) W.P(MD)No.21308 of 2022 21.09.2022 SI(03.10.2022) 3P 5C 3/3