In a significant ruling by the Gujarat High Court, the case of Ramoliya v/s. State of Gujarat highlights the issue of correcting a surname in a school leaving certificate. The petitioner, Ramoliya, has been fighting for the correction based on their authentic birth certificate. Despite initial rejections citing rules, the High Court’s decision sets a precedent for rectifying such errors in official documents. This judgement ensures justice and accuracy in administrative records. #LegalJustice #Gujarat #NameCorrection
Arguments
- The petitioner was born on 09.08.1983 at Jasadhar, Taluka: Talala, Gir-Somnath.
- There is a mistake in the petitioner’s school leaving certificate where the surname is recorded as ‘Patel’ instead of ‘Ramoliya’.
- The petitioner submitted a request for a change in the school leaving certificate based on the birth certificate, but it was declined citing Rule-12 of the Gujarat Secondary Education Rules, 1974.
- The petitioner’s surname ‘Ramoliya’ is consistent across documents like Birth Certificate, School Leaving Certificate, Aadhar Card, etc.
- The petitioner made representations to correct the mistake in the school leaving certificate due to inadvertence.
- The petitioner challenges the rejection of the application to change the surname from ‘Patel’ to ‘Ramoliya’ in the school leaving certificate by the District Education Officer.
- The birth certificate of the petitioner correctly states the surname as ‘Ramoliya’ and was issued on 16.11.1983 by the competent authority.
Analysis
- Change in school leaving certificate can be carried out after the petitioner leaves the school.
- Consideration of public document that may be placed on record is important for such changes.
- The decision was subject to consideration in various Special Civil Applications and Letters Patent Appeal.
- The ratio laid down by the court in Vasudev Prahladbhai Patel v/s. State of Gujarat & Ors. is relevant.
- The birth certificate is considered an authenticated document issued by the State Government.
- Authorities can rely on the birth certificate for making changes in official documents like the school leaving certificate.
Decision
- The application dated 08.02.2024 seeking the change is to be considered by the State as per legal precedents.
- The Division Bench decided that using Article 226 is necessary to direct the school authority for correction in this case.
- The impugned order dated 12.02.2024 by the State is quashed and set aside as there is no dispute about the birth certificate’s genuineness.
- Direct service is permitted for further actions.
Case Title: PATEL BHAVESHKUMAR BABULAL Vs. DISTRICT EDUCATION OFFICER, AHMEDABAD
Case Number: R/SCA/3080/2024
