Kerala High Court
Naveed M.C @ Noufal vs State Of Kerala on 8 March, 2021
WP(C).No.3832 OF 2021(D)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
WP(C).No.3832 OF 2021(D)
PETITIONER/S:
NAVEED M.C @ NOUFAL, AGED 21 YEARS, S/O.CHANDRIKA,
THADATHARIKATHU VEEDU, AYITHI, PARANDODE P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM 695 542.
BY ADV. SRI.A.S.SHAMMY RAJ
RESPONDENT/S:
1 STATE OF KERALA
REP.BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS
PAREEKSHA BHAVAN, POOJAPURA P.O.,
THIRUVANANTHAPURAM 695 012.
3 HEAD MASTER
GOVERNMENT TRIBAL HIGH SCHOOL, MEENANKAL P.O.,
ARYANAD, THIRUVANANTHAPURAM 695 542
OTHER PRESENT:
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3832 OF 2021(D)
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JUDGMENT
Dated this the 8th day of March 2021
The petitioner is aggrieved by the action of the 2nd
respondent in returning his application for effecting
corrections in the SSLC Book relating to change of his name,
caste and religion in Ext.P1 certificate saying that there is no
such procedure and petitioner can produce the Gazette
notification along with the certificate wherever necessary.
2. The original name of the petitioner was Noufal and his
name, caste and religion were entered as Noufal M.C., Islam-
Muslim respectively in Ext.P1-Secondary School Leaving
Certificate. He had submitted an application for notifying
correction of his name, caste and religion in the Gazette after
obtaining a caste certificate Ext.P3 from the Tahsildar on
21.10.2020. He had got his name changed in the Aadhar Card-
Ext.P4. Ext.P5 Gazette notification was issued on 08.12.2020
notifying the change of his name from Noufal to Naveed and his
Religion and Caste from Islam-Muslim to Hindu Kanikkaran. The
Religion and Caste were changed and Gazette notification was
issued on the basis of the judgment of this Court in WP(C)
No.1836 of 2020. Petitioner submitted Ext.P6 application dated
01.01.2021 remitting the prescribed fee, for making
consequential corrections in School records and requesting for a
WP(C).No.3832 OF 2021(D)
corrected certificate, which was forwarded by the Headmaster of
the Government School Meenangadi to the 3rd respondent. As per
Ext.P9 endorsement the 2nd respondent rejected the said
application, stating that the petitioner can produce the Gazette
notification as there is no provision or practice or rules
providing for correction in the School Leaving Certificate. The
Writ Petition is therefore filed in the aforesaid circumstances
pointing out the entitlement of the petitioner to get the name,
religion and caste corrected. The petitioner also relies on the
judgments of the High court of Madras, Punjab and Hariana in
Exts.P10 and P11.
3. I heard the learned counsel for the petitioner as well
as the learned Government Pleader.
4. It cannot be disputed that the petitioner's name,
religion and caste have already been altered and it is published
in the Gazette also. It will not be possible for the petitioner
to produce the Gazette notification for the purpose of higher
studies and for the purpose of employment when online
applications are called for and the entire proceedings are being
held in digital media. Therefore even in the absence of any
specific provision, it is necessary that appropriate
rectifications are made in the certificate on the basis of the
correction already made with respect to the name, caste and
religion of the petitioner.
5. In the aforesaid circumstances, Ext.P9 is set aside.
WP(C).No.3832 OF 2021(D)
There shall be a direction to the 2nd respondent to issue a
certificate showing the corrected name of the petitioner with
corrected religion and caste as Naveed M.C. who belongs to Hindu
Kanikkaran Community. This shall be done within a period of six
weeks from the date of receipt of a copy of the judgment.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.3832 OF 2021(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING
CERTIFICATE OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE GAZETTE NOTIFICATION
SHOWING THE CHANGE OF NAME OF THE
PETITIONER DATED 24.3.2020
EXHIBIT P3 TRUE COPY OF THE CASTE CERTIFICATE DATED
21.10.2020 ISSUED BY THE TAHASILDAR,
NEDUMANGAD
EXHIBIT P4 TRUE COPY OF THE CORRECTED AADHAR CARD
CERTIFICATE, OF THE PETITIONER BEARING
NO.507969390658
EXHIBIT P5 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
8.12.2020
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 1.1.2021
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE CHELLAN SHOWING PAYMENT OF
THE PRESCRIBED FEE OF RS.3/- DATED
31.12.2020.
EXHIBIT P8 TRUE COPY OF THE FORWARDING LETTER ISSUED
BY THE 3RD RESPONDENT DATED 1.1.2021
EXHIBIT P9 TRUE COPY OF THE REJECTION ORDER DATED
19.1.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 2.8.2019 OF
THE MADRAS HIGH COURT IN W.P.NO.20171/2019
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 10.1.2020
OF PUNJAB AND HARYANA HIGH COURT IN CWP
NO.21388/2018.
