IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 21047 of 2008(E) -------------------------- PETITIONER: --------------- ANNLET MARY.K, W/O. RAJAMONI, AYYARVILA HOUSE, PARASSALA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: --------------- 1. THE COMMISSIONER OF EXAMINATION, PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21047 of 2008(E) : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1- COPY OF MARRIAGE CERTIFICATE DATED 24.9.1996 EXT.P2- COPY OF 1ST SHEET OF S.S.L.C BOOK OF PETITIONER EXT.P3- COPY OF INDIAN PASSPORT NO.F 4378300 EXT.P4- COPY OF BIRTH CERTIFICATE EXT.P5- COPY OF LETTER DATED 15.11.2006 EXT.P6- COPY OF FRESH BIRTH CERTIFICATE OF VARSHA RAJAN EXT.P7- COPY OF GAZETTE NOTIFICATION DATED 20.6.2006 EXT.P8- COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PARASALA VILLAGE EXT.P9- COPY OF CERTIFICATE ISSUED BY THE PARASALA GRAMA PANCHAYAT EXT.P10- COPY OF REPRESENTATION DATED 6.1.2007 EXT.P11- COPY OF REPRESENTATION DATED 9.10.2007 EXT.P12- COPY OF PROCEEDINGS DATED 5.4.2008 //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.21047 of 2008-E ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard Sri.S.Sreekumar, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The name of the petitioner in the school records and in S.S.L.C book was K.Rajam, as can be seen from Ext.P2. Later, she changed her name to Annlet Mary by notifying the change of name, in the Kerala Gazette dated 20.6.2006 a copy of which is Ext.P7. She thereafter applied for and was issued a passport in the name Annlet Mary. The petitioner thereafter moved the Commissioner of Government Examinations in Ext.P11 representation dated 9.10.2007, requesting that her name in the S.S.L.C book may be corrected as Annlet Mary. The petitioner states that the Joint Commissioner in the office of the Commissioner of Government Examinations returned the said application with the endorsement evidenced by Ext.P12 stating that it is enough if an attested copy of the Gazette notification, notifying the change of name is appended W.P(C) No.21047 of 2008-E 2 to the S.S.L.C book. This writ petition was thereupon filed challenging Ext.P12 and seeking a writ in the nature of mandamus commanding the first respondent to change her name in the original of the S.S.L.C book as Annlet Mary in the place of K.Rajam. 3. The rules governing alteration of the date of birth and change of name in the school records and in the S.S.L.C book are contained in Rule 3 of Chapter VI of the Kerala Education Rules, hereinafter referred to as the 'KER' for short. Sub rule (1) of Rule 3 of Chapter VI of the KER states that the name of a pupil, his religion and his date of birth once entered in the admission register shall not be altered except with the sanction of the authority specified by the Government. The authority specified by the Government is the Commissioner of Government Examinations. Sub rule (1A) prescribes a time limit of 15 years from the date of leaving the school or the date of appearing for the S.S.L.C Examination for the last time, whichever is earlier, for applying for correction of the date of birth in the school records. The Government is however empowered to condone the delay in applying for correction of the date of birth in the school records. Sub rule (2) of Rule 3 of Chapter VI of the KER states that if the authority specified by the Government is satisfied after necessary enquiry that the change W.P(C) No.21047 of 2008-E 3 applied for could be granted, he will issue an order to make the alteration. It is also stipulated that the alteration shall then be made in the admission register and the other connected records of the schools previously attended by the pupil as well as in the school in which she was studying at that time. Sub rule (3) provides that an appeal shall lie to Government against the order of the specified authority. Sub rule (4) stipulates that if any change of name is sanctioned after the issue of a Public Examination Certificate, the candidate concerned shall notify the change in name in the Gazette and the notification shall be attached to the certificate. On the terms of Rule 3 of Chapter VI of the KER the petitioner has to move the Commissioner of Government Examinations for altering her name in the school records. Therefore the Commissioner of Government Examinations was bound to receive the original of Ext.P11 application, enquire into it and issue orders, permitting alteration of the name of the petitioner in the school records if he is satisfied about the genuineness of the request. 4. In the instant case, the petitioner applied for change of name after the Secondary School Leaving Certificate was issued. Therefore sub rule (4) of Rule 3 will operate. In my opinion, the publication in the Official Gazette regarding change of name could W.P(C) No.21047 of 2008-E 4 have been done only after the Commissioner of Government Examinations permitted alteration of the name in the school records after the enquiry contemplated in sub rule (2) of Rule 3. Therefore the mere fact that the petitioner had published the change of her name in the Official Gazette cannot be a substitute for the procedure prescribed in Rule 3 of Chapter VI of the KER. The petitioner therefore has to seek the permission of the Commission of Government Examination to change her name in the school records and in the SSLC book. 5. The learned Government Pleader made available to me a copy of G.O(MS)No.80/84/GAD dated 14.3.1984 wherein it is stipulated that change in name, religion and community except clerical error, to be carried out after a person leaves his school shall be ensured by Gazette Notification after obtaining certificates from competent authorities and copy of the Gazette Notification duly attested shall be attached to S.S.L.C/Extract of admission register of the individual concerned. It is also stipulated that no change in the original entry shall be made. The stipulations in the Government order dated 14.3.1984 are only in tune with the stipulations in Rule 3 of Chapter VI of the KER. The Government order dated.14.3.1984 does not and cannot in my opinion override the stipulations in Rule W.P(C) No.21047 of 2008-E 5 3 of Chapter VI of the KER. I accordingly dispose of this writ petition with the following directions. The petitioner shall within six weeks from today submit an appropriate application to the Commissioner of Government Examinations seeking permission to alter her name from K.Rajam to Annlet Mary. The application shall be made in the form if any, prescribed and shall also be accompanied by requisite fee if any prescribed. The Commissioner of Government Examinations shall thereupon cause an enquiry to be conducted as stipulated in sub rule (2) of Rule 3 of Chapter VI of the KER. The Commissioner of Government Examinations shall if he is satisfied after such enquiry that the change of name applied for by the petitioner can be granted, issue an order permitting alteration of the name of the petitioner in the school records. The Commissioner of Government Examinations shall also direct that the petitioner shall notify the change of name in the Official Gazette and that it is enough if the Gazette notification is attached to the original of the S.S.L.C book. The Commissioner of Government Examinations shall pass final orders in the matter within three months from the date on which the petitioner submits an application as directed above. The Commissioner of Government Examinations shall in the event of W.P(C) No.21047 of 2008-E 6 application being allowed also direct that necessary alterations shall be made in the admission registers maintained in the schools attended by the petitioner. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab