IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21580 of 2009(N) -------------------------- PETITIONER: --------------- RITHA THOMAS @ ANNIE RITHA KARUKAPARAMBIL, KARUKAPARAMBIL HOUSE, PONETH SOUTH ROAD, CHILAVANNUR, COCHIN-20. BY MR.K.JAJU BABU,ADVOCATE SMT.M.U.VIJAYALAKSHMI, ADVOCATE MR.BRIJESH MOHAN, ADVOCATE MR.T.S.SHYAMPRASANTH, ADVOCATE MR.HAROON RASHEED.A, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPPURA, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. BY GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21580 OF 2009 --------------------------------------- Dated this the 31st day of July, 2009. J U D G M E N T The petitioner seeks for a direction to the 3rd respondent to forward Exhibits P2 and P4 applications for alteration of name in the school records to the 2nd respondent for appropriate sanction. The petitioner is presently a student doing B.Com Degree in Sacred Heart College, Thevara. In the school records, her name is shown as Ritha Thomas. But in the Certificate of Baptism, Birth Register and Passport, her name is shown as Annie Ritha Karukaparambil. 2. To avoid any future objections while securing a job etc., the petitioner has submitted Exhibit P2 application before the 2nd respondent, and the 2nd respondent turned down the same as per endorsement in Exhibit P3 stating that since the petitioner has completed the school education, correction can be effected only by way of gazette notification. W.P.(C) No.21580/2009 2 3. According to the petitioner, as per Rule 3(4) of Chapter VI of Kerala Education Rules, gazette notification can be published only after sanction is issued by the 2nd respondent. The petitioner therefore, submitted a representation addressed to the 2nd respondent through the 3rd respondent. But, that was returned with Exhibit P4 endorsement stating that alteration can be made through a gazette notification and a copy has to be kept in the SSLC book. The petitioner has produced Exhibit P5 Government Order dated 14.03.1984 prescribing the procedure for alteration of name, date of birth etc. 4. The petitioner is relying upon sub rule 4 of Rule 3 of Chapter VI K.E.R which provides that if any change of name is sanctioned after the issuance of a Public Examination Certificate, the candidate concerned shall notify the change in name in the Gazette and the notification shall be attached to his certificate. Therefore, the change of name has to be sanctioned by the competent authority, and herein the competent authority is the 2nd respondent. It is pointed out that without getting sanction from the 2nd respondent, the petitioner will not be able to notify W.P.(C) No.21580/2009 3 the same in the gazette. Therefore, there will be a direction to the 3rd respondent to forward the documents and applications submitted by the petitioner to the 2nd respondent for issuing appropriate sanction in the matter as sought for by the petitioner. The petitioner may resubmit the same along with copy of the judgment to the 3rd respondent for transmission to the 2nd respondent. Appropriate action shall be taken within a period of ten days from the date of receipt of a copy of this judgment and records from the petitioner. The 2nd respondent will give appropriate sanction within a further period of six weeks. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp