SCA/19565/2005 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 19565 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= CHIRAGKUMAR RASIKLAL VAIDYA - Petitioner(s) Versus THE STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR KIRTIDEV R DAVE for Petitioner(s) : 1,MR RAHUL K DAVE for Petitioner(s) : 1, MS TRUSHA PATEL, AGP for Respondent(s) : 1, RULE SERVED for Respondent(s) : 1 – 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 23/04/2008 ORAL JUDGMENT SCA/19565/2005 2/5 JUDGMENT 1. The short facts of the case appears to be that the petitioner was the student in a School namely Rungta Vidya Bhavan, Bharuch and in the School Leaving Certificate, his name was shown as Bhatt Chiragkumar Jayantilal. It appears that on 15.5.1990, the petitioner was adopted by Rasiklal Nanalal Vaidya, after undergoing the procedure and the deed of adoption came to be executed and registered on 22.2.2000 as for the proof of adoption. It also appears that there was gazette publication on 23.5.2002 in the Gazette of Government of Gujarat, Part-II. The ration card also came to be issued by the local officer of the Government on the name of Vaidya Chiragkumar Rasiklal. The passport is also issued on the name of Vaidya Chiragkumar Rasiklal. The petitioner had also preferred Regular Civil Suit No.43 of 2002 for declaration of the Civil Court based on his rights, which accrued as per adoption dated 15.5.1990. In the said suit upon the consent, the decree also has been passed by the Civil Court. The petitioner was desirous to get the change entered in the SCA/19565/2005 3/5 JUDGMENT School record namely; School Leaving Certificate, but as was not done by the School Authority, the present petition. 2. I have heard Mr.Joshi, learned Counsel for the petitioner and Ms.Patel, learned AGP for respondents No.1 and 2. Respondent No.3 School is served, but nobody has appeared on their behalf. 3. As per the petitioner, in view of the lawful adoption, his correct name is required to be shown as 'Chiragkumar Rasiklal Vaidya' instead of 'Bhatt Chiragkumar Jayantilal' and the grievance of the petitioner is that the School Authority declined to make change in the School Leaving Certificate in view of the Regulations framed by the Gujarat Secondary Education Board. 4. The perusal of Regular No.6 of the Gujarat Secondary Education Board, copy whereof is produced on page 36, shows that as per the said Regulation, if the student leaves the School, no change should be made in the School record. But in the very Regulation, there is a proviso, which provides that if any change is to be made SCA/19565/2005 4/5 JUDGMENT for birth-date appropriate order of the Magistrate is the only way available and for birth-date purpose, the same shall be acceptable. 5. As the petitioner has left the School, once the adoption is made and based on the same, decree of the Civil Court is passed, it would operate over any entry in the School Leaving Certificate if inconsistent with the decree of the Civil Court. Therefore, as the decree of the Civil Court is to operate over the School Leaving Certificate, so far as it relates to the name of the petitioner being Vaidya Chiragkumar Rasiklal, after adoption, such mentioning of the name in the School Leaving Certificate would be redundant. When as per law, the Civil Court decree is to operate over the school record and as the petitioner has left the school, no useful purpose would be served in directing the school to change the School Leaving Certificate. 6. In view of the above, no further order is required to be passed and the aforesaid observation takes care of the grievance raised SCA/19565/2005 5/5 JUDGMENT by the petitioner for his correct name as 'Chiragkumar Rasiklal Vaidya'. 7. Hence, the petition is disposed of accordingly. Rule partly made absolute. No order as to costs. 23.4.2008 (Jayant Patel, J.) vinod