Gujarat High Court
Mall Sakshi Sanjeevkumar vs State Of Gujarat on 15 October, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13272 of 2025
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MALL SAKSHI SANJEEVKUMAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VEDANT D GAIKWAD(10444) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
MR AD OZA(515) for the Respondent(s) No. 2
MR VIKAS V NAIR(7444) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 15/10/2025
ORAL ORDER
[1] By way of present petition under Articles 226 and 227
of the Constitution of India, the petitioner has approached this
Court for the following reliefs :
"(17) (A) Your Lordships may be pleased to admit writ
petition and further be pleased to issue fresh academic
documents with corrected name of the petitioner;
(B) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, order or directions
directing respondent authority to decide representation dated
0101.2025 (mark. Annex. 'G' colly) and further direct
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respondent authorities to correct name of petitioner in SSC
Marksheet (Ann-C), HSC Marksheet (Ann-D), School Leaving
Certificate (Ann-E) and Gujarat University Marksheets (Ann-F)
from "Sakshi Mall Sanjeevkumar Mall" to "Mall Sakshi
Sanjeevkumar" and thereby issue fresh SSC Marksheet, HSC
Marksheet, School Leaving Certificate and Gujarat University
Marksheets to the petitioner within a stipulated period of time;
(C) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of the
present case;"
[2] Short facts of the case can be stated as under:
[2.1] The petitioner was born on 28.09.2000 and
accordingly, the birth certificate was issued by the competent
authority wherein in the details of the birth certificate, the name of
the petitioner has been shown as Sakshi Sanjeevkumar Mall
however, while admission in the school, inadvertently, in the school
register certificate, the details were incorporated as 'Sakshi Mall
Sanjeevkumar Mall'. Accordingly, in the Secondary School
Certificate (SSC), Higher Secondary Certificate (HSC) and
University Mark-Sheet, discrepancy occurred so far as the name is
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concerned.
[2.2] To rectify such discrepancy in the Secondary School
Certificate (SSC), Higher Secondary Certificate (HSC), University
Mark-Sheet on the basis of the Birth Certificate, the petitioner
approached the Office of Respondent no. 2 and 3 herein and the
school; however, the representation of the petitioner were not
decided (at Annexure-G).
[3] Being aggrieved by the aforesaid, the petitioner has
approached this Court for the aforesaid reliefs.
[4] Since the issue involved is in narrow compass and is
well-settled by-now, the matter is taken up for final hearing at the
admission stage itself.
[5] Hence, Rule returnable forthwith.
[6] Heard Mr. Vedant D. Gaikwad learned advocate for the
petitioner. Mr. Nikunj Kanara, learned Assistant Government
Pleader waives service of notice of Rule on behalf of respondent
No.1. Mr. Meet Shah, learned advocate for Mr. A. D. Oza learned
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advocate appears on advance copy and waives service of notice of
Rule on behalf of respondent No.2 Board and Mr. Vikas Nair for
respondent No.3.
[7] The issue with regard to correction in the School
Leaving Certificate/record is no more res-integra. This Court has, in
the case of Vasudev Prahladbhai Patel vs. State of Gujarat and
others reported in 2019(2) GLR 1474, has held as under:
"8. At this stage, this Court would like to refer the observations
made by the learned Single Judge of this Court in the order
dated 09.10.2006 passed in Special Civil Application No. 4337
of 2006, especially, Paragraph-9 thereof, which reads as under:
"Para-9. Looking to the facts and circumstances of the
case and, the Certificate issued under section 12 and 17 of
The Registration of Birth and Death Act,1969 the prayer
as prayed for is required to be granted since the
documents at Annexure 'A' is a statutory Certificate,
which has very high evidentiary value. So far as the facts,
which are mentioned in the said Certificate at Annexure
"A" reveal the date of birth of the petitioner as
28.08.1982. The details given in the Certificate have been
recorded as per the statutory provision under the
Act,1969. The date of birth mentioned in Annexure "A"
ought to have been reflected in Certificate at Annexure "B"
issued by the respondent No.2. The contention raised by
the learned counsel appearing on behalf of the
respondents that in pursuance of the Rule 12 of Gujarat
Secondary Education Rules 1974, such amendment in the
school leaving certificate is not permissible, once the
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student, present petitioner has left the school. This
contention is not accepted by this Court mainly for the
reason that errors are required to be corrected. The
respondents are not error proof authorities. If the error
has been accepted by the respondents denial of corrections
of the documents is an arbitrary action. The only
question, which is now left out is mandamus operandi for
carrying out the corrections in school leaving certificate.
There can be several methods of corrections of school
leaving certificate like direct correction in the school
leaving certificate itself or by keeping the certified copy of
birth registration certificate issued by the State of Gujarat
under Sections 12 and 17 of the Registration of Birth and
Death Act 1969, by the concerned school in their register
and amended copy of school leaving certificate can be
given to the petitioner or by putting notes in margin that
this amendment in the birth date is carried out as per the
certificate issued by the State Government, but, total
denial by the concerned respondents that they shall not
amend the school leaving certificate, despite the certificate
of birth issued by the State of Gujarat tantamounts to
violation of public duty and hence, writ of mandamus is
issued upon the concerned respondents to carry out
necessary amendment in school leaving certificate on the
basis of document issued by the State of Gujarat namely
the Birth Certificate issued under the Act, 1969. It is for
the concerned respondent school to keep and preserve a
certified/original of Annexure "A" in the school register
and thereafter, they can issue the corrected copy of school
leaving certificate by putting necessary notes in the
margin. But the error has to be corrected by the concerned
respondents authorities. There cannot be any error, which
cannot be corrected. Rule made absolute to the aforesaid
extent with no order as to costs."
"9. Similar observations were also made in Paragraph-8 of the
order dated 13.02.2007 passed by the learned Single
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"Para-8. Looking to the facts and circumstances of the
case and the Certificate issued under Sections 12 and 17
of the Act, the prayer as prayed for is required to be
granted since the document at Annexure 'A' is a statutory
Certificate, which has very high evidentiary value. So far
as the facts, which are mentioned in the said Certificate at
Annexure "A" reveals the date of birth of the petitioner is
12-12-1976. The details given in the Certificate have been
recorded as per the statutory provision under the Act. The
date of birth mentioned in Annexure 'A' ought to have
been reflected in Certificate at Annexure "B" issued by the
respondent No.4. The contention raised by the learned
counsel appearing on behalf of the respondents that in
pursuance of the Rule 12 of the Gujarat Secondary
Education Rules, 1974, such amendment in the School
Leaving Certificate is not permissible, once the student,
present petitioner has left the school. This contention is
not accepted by this Court mainly for the reason that
errors are required to be corrected. The respondents are
not error proof authorities. If the error has been accepted
by the respondents, denial of corrections of the documents
is an arbitrary action. The only question which is now left
out is mandamus operandi for carrying out the
corrections in the School Leaving Certificate. There can be
several methods of corrections of School Leaving
Certificate like direct corrections in the School Leaving
Certificate itself or by keeping the certified copy of birth
registration certificate issued by the State of Gujarat
under Sections 12 and 17 of the Act, by the concerned
School in their register and amended copy of School
Leaving Certificate can be given to the petitioner or by
putting notes in margin that this amendment in the birth
date is carried out as per the certificate issued by the State
Government, but, total denial by the concerned
respondents that they shall not amend the School Leaving
Certificate, despite the certificate of birth issued by the
State of Gujarat tantamounts to violation of public duty
and hence, writ of mandamus is issued upon the
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concerned respondents to carry out necessary amendment
in School Leaving certificate on the basis of documents
issued by the State of Gujarat, namely, the Birth
Certificate issued under the Act. It is for the concerned
respondent school to keep and preserve a
certified/original of Annexure A in the School Register
and thereafter, they can issue the corrected copy of School
Leaving Certificate by putting necessary notes in the
margin. But the error has to be corrected by the concerned
respondents authorities. There cannot be any error, which
cannot be corrected."
"11. The Division Bench of this Court in the order dated
24.11.2011 passed in Letters Patent Appeal No.239 of 2011,
even after considering the provisions of alternative remedy
under the concerned regulation, observed in Paragraph-11 as
under:
"Para-11. This Court is, therefore, left with two
alternatives, first being that to relegate the appellant to
the Civil Court for pursuing his cause while setting aside
the order impugned and secondly, to set aside the order
impugned and, instead of insisting the appellant to pursue
alternative remedy, exercise its extraordinary jurisdiction
under Article 226 of the Constitution of India and to issue
a direction to the school authorities for making necessary
correction, particularly when there is no dispute about the
genuineness of the certificate of birth and the date of birth
indicated therein. In our view, a citizen need not be made
to run from pillar to post for such a genuine and petty
cause and we deem it proper to opt for the second
alternative in the peculiar facts of this case."
[8] In the aforesaid judgment, wherein, it was held that the
change in the school leaving certificate can certainly be carried-out,
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after the petitioner leaves the school, taking into consideration the
public document that may be placed on record. The birth certificate
is an authenticated document, which is issued by the State
Government and the respondent authorities can certainly be rely
upon the birth certificate and make changes in the Secondary
School Certificate (SSC), Higher Secondary Certificate(HSC) and
University Mark-Sheet. The Hon'ble Division Bench as referred
above also considered identical objections, with respect to the
petitioner to be relegated to avail the remedy under Rule 12 of the
Rules, however, it was held that, instead of insisting the petitioner
to pursue alternative remedy, exercise of powers under Article 226
of the Constitution of India is required to be undertaken and direct
the school authority to make the necessary correction, particularly,
when there is no dispute with regard to the genuineness of the
birth certificate.
[9] Considering the position of law as referred above, the
submissions advanced by the learned advocates appearing for the
respective parties and considering the aforesaid documents, which
are placed on record. The respondents Nos.2 and 3 are hereby
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directed to consider the correction in name of the petitioner in the
Secondary School Certificate (SSC), Higher Secondary
Certificate(HSC), University Mark-Sheet from 'Sakshi Mall
Sanjeevkumar Mall' to 'Sakshi Sanjeevkumar Mall' as has been
prayed by the petitioner in accordance with the law laid down by
this Court, as referred to above, as expeditiously as possible. Once
the said correction is carried out, then the said corrected document
shall be provided to respondent No.3 - University for necessary
correction in the University Mark-sheet also which shall be carried
out by the University as expeditious as possible.
[10] With the aforesaid, the present Petition stands allowed.
Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(NIRAL R. MEHTA,J)
CHANDRESH
