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Madras High CourtWP(MD)/14233/2015allowed

S. Ravi v. The Director

2019-12-05Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR S.Ravi .. Petitioner Vs.

1.The Director, Directorate of Government Examinations, DPI Compound, College Road, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

3.The Headmaster, Government Higher Secondary School, Ariyanayakipuram, Villathikulam Taluk, Thoothukudi District.

4.The Registrar, Madurai Kamarajar University, Palkalainagar, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 29.06.2015 by taking note of petitioner's voters Identity Card, Aadhar Identity Card and Family Card as evidences, consequently direct the respondents to correct the petitioner's initial as "S" instead of "K" and issue SSLC Mark Statement and other school records by incorporating the petitioner's name as "S.Ravi" within the time stipulated by this Court.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.C.Ramar Additional Government Pleader 1/3

ORDER

This writ petition is filed for issuing a writ of mandamus directing the respondents to consider the petitioner's representation, dated 29.06.2015 regarding alteration of petitioner's initial as 'S' instead of 'K' and issue S.S.L.C. Mark Statement and other school records by incorporating the petitioner's name correctly.

2.The petitioner states that his date of birth is 05.04.1959 and he studied S.S.L.C. During March 1975 at Government Higher Secondary School, at Ariyanakipuram, Vilathikulam Taluk. It is the specific case of the petitioner that his father's name is Shanmuga Kasimani as per the Voters Identity Card, Family Card, etc. It appears that in school records, the petitioner's father's name was stated as Kasimani instead of Shanmuga Kasimani. Therefore, the petitioner's initial also is recorded as 'K.Ravi', instead of 'S.Ravi'. It is in this circumstances, the petitioner approached the Educational authorities by a representation, dated 29.06.2015. Despite the fact that there is no serious objection for the respondent to carry out the correction in the school records in terms of other public records, the representation of the petitioner was not considered. Hence, the petitioner has approached this Court.

3.The learned counsel appearing for the petitioner produced before this Court, the Secondary School Leaving Certificate Mark Statement and other public documents like Voters Identity Card, Aadar Card, Family Card, etc., to show that except in school records, the petitioner's father's name has been properly mentioned in all other public records.

4.The learned counsel also submitted that the learned single Judge of this Court in the case of S.Rajeshkumar Vs. The Secretary Board of Higher Secondary School Education, Department of Government Examinations, Madras reported in 2015 (1) CWC 323, has held that the entries in Government records and school records should be maintained carefully, even it relates to date of birth. It has been further held that the Educational Authorities cannot refuse to entertain the request of a student on the ground that such corrections should be applied before getting Transfer Certificate/Completion of School Education.

5.The respondents do not dispute the name of the petitioner's father or the case of petitioner regarding the personal details on the basis of public records produced by the petitioner to support his statement. No limitation or specific rules or regulation is pointed out prohibiting such correction in the school records based on other public records.

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6.In that view, the writ petition is allowed and the respondents are directed to consider the petitioner's representation, dated 29.06.2015 and correct the petitioner's father's name and his initial based on the public records like Voters Identity Card, Aadar Card or Family Card, etc., following the usual procedure and pass appropriate order within a period of eight weeks from the date of receipt of the copy of this order. No costs. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TM To 1.The Director, Directorate of Government Examinations, DPI Compound, College Road, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

3.The Headmaster, Government Higher Secondary School, Ariyanayakipuram, Villathikulam Taluk, Thoothukudi District. 4.The Registrar, Madurai Kamarajar University, Palkalainagar, Madurai.

+1 CC to M/s.SPL GP ( SR-103818[F] dated 06/12/2019 ) +1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-103914[F] dated 06/12/2019 ) 05.12.2019 KK/SAR/26.12.2019/3P-7C/ 3/3