SCA/869520/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8695 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= SHINOD BABU MATHUNNI - Petitioner(s) Versus THE DISTRICT EDUCATION OFFICER & 2 - Respondent(s) ================================================= Appearance : MR DEVANG VYAS for Petitioner. Mr.SUNIT SHAH, GOVT PLEADER for respondent no. 1. Mr.HEMANG RAWAL FOR Mr.AD OZA for Respondent(s) : 2, MR CHETAN K PANDYA for Respondent(s) : 3, ================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 23/07/2008 ORAL JUDGMENT Looking to the question involved in the matter, at the request of the learned advocate for the petitioner and with the consent of the learned advocates for the respondents, the petition is taken up for final hearing and disposal today. SCA/869520/2008 2/6 JUDGMENT 2. Rule. Service of rule is waived by Mr.Sunit Shah, learned Government Pleader for respondent no.1; Mr.Hemang Rawal for Mr.A.D. Oza, learned advocate for respondent no.2; and Mr.Chetan Pandya, learned advocate for respondent no.3. 3. This petition has been filed praying for following reliefs : “(A) This Hon'ble Court be pleased to issue writ of mandamus, certiorari or any other appropriate writ, order or direction directing Gujarat Higher Secondary Education Board to correct the mark sheet and certificate of Standard 10th by writing his name in the correct sequence as SHINOD BABU MATHUNNI. (B) Pending hearing and final disposal of this petition, the Hon'ble Court may be pleased to direct the Asia English School to produce record with regard to the name of the petitioner. (C) This Hon'ble Court may be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case as well as in the interest of justice.” (D) This Hon'ble Court may be pleased to award cost of this petition.” 4. Brief facts necessary for consideration to decide the matter are that the petitioner is a student. It appears that the petitioner SCA/869520/2008 3/6 JUDGMENT appeared at the Secondary School Certificate Examination and on clearing the examination a mark-sheet came to be issued by the respondent-Board. The said mark-sheet bears the name 'Babu Shinod Mathunni'. The case of the petitioner is that the correct name is 'Shinod Babu Mathunni'. It is further stated by the petitioner that even in passing certificate same error is committed. 5. On the basis of various documents like certificate of registration issued by Department of Panchayat, State of Kerala, the petitioner moved the respondent Board for necessary corrections. According to the petitioner the respondent Board did not respond, hence the petition. 6. On behalf of respondent No.2, it is stated that the Board has not committed any error in mentioning the name of the petitioner either in the mark-sheet or in the passing Certificate issued to the petitioner because these documents are issued on the basis of the information/ details furnished by the concerned school and the student. The respondent-Board placed reliance on the Regulations, more particularly Regulation No.12-A(6), to submit that no change is possible in the record, once the student has left the school. Admittedly, the petitioner had left the Secondary School, as respondent No.3 - School has already issued School Leaving Certificate. The regulation in question is framed with a view to ensure that illegalities and malpractices are curbed and SCA/869520/2008 4/6 JUDGMENT unscrupulous persons do not take undue advantage by getting entries corrected in the record subsequently. Another ground pressed into service is that, prior to appearing at the S.S.C. Examination the students are provided opportunity to correct their names, date of birth and other particulars at the time of pre-list and at the time of issuance of fee receipt/hall tickets. That the petitioner having failed to get such correction at an appropriate stage, he cannot claim any relief now. That in the circumstances, the petition requires to be rejected. 7. If the question is approached technically, the respondent- Board is correct. But then, one has to bear in mind the real object behind enacting Regulation 12-A(6) of the Regulations. The said provision is meant for curbing malpractice and preventing unscrupulous persons from obtaining an advantage which such persons do not deserve, the respondent Board has also to take into consideration genuine cases wherein errors have occurred. One cannot lose sight of the fact that when human beings are involved in preparation and maintenance of records there is every likelihood that an error may occur by a slip of pen. Not only that, it is also not possible for a person to locate the error at a given point of time and such a lapse may occur for various reasons. However, for such a lapse a genuine bona fide case where an error has crept-in, in the records cannot be thrown out only on the ground of technicalities. The respondent- Board must bear in mind that rules SCA/869520/2008 5/6 JUDGMENT are meant to render real justice to the people. The rules are not to be followed being unmindful of the facts of a given case. There has to be a scope for application of mind for distinguishing between genuine and bona fide case and cases involving unscrupulous persons. 8. Reliance on the procedure which is adopted at the stage when the pre-list is prepared and the students are issued fee receipts/hall tickets to submit that the petitioner could have got necessary correction carried out at that stage may be an ideal situation. However, mere failure to have the necessary correction carried out at that stage by itself cannot dis-entitle a person from seeking such a modification/correction of the record only because of such lapse on part of such person. Moreover, a student who is preparing for the Board examination is expected to be under stress and may not carefully scrutinies the contents of the application form. 9. If one examines the certificate of birth, the school leaving certificates of Standards III, VII and XII, prima facie it appears that the petitioner has been able to show that the record of the respondent Board requires rectification. In the circumstances, the petitioner is directed to approach respondent No.2 along with all the aforesaid documents as well as any other documents which the petitioner may like to rely on for seeking necessary correction in SCA/869520/2008 6/6 JUDGMENT the name of the petitioner in relation to record of respondent No.2. Upon the petitioner so approaching, respondent No.2 shall carry out necessary correction in the records maintained by respondent No.2 including the mark-sheet and the examination/ passing certificate issued by respondent No.2 after verifying the genuineness of the documents presented before respondent No.2 by the petitioner. The petitioner shall approach respondent No.2 within a period of two weeks from today, who in turn shall do the needful within next two weeks. It will be open to respondent No.2 to charge necessary fees, if any, in accordance with the rules and regulations on the subject. 10. The petition is allowed. Rule made absolute. Taking into consideration the facts and circumstances it would serve the ends of justice if the petitioner is directed to pay costs of this petition to respondent No.2 which are quantified at a sum of Rs.250/- (Rupees two hundred and fifty only). Direct service permitted. (RAVI R. TRIPATHI, J.) karim