Muhammed Shihabudheen M.P vs The Commissioner
2021 Latest Caselaw 8453 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.4844 OF 2021(E)


PETITIONER:

               MUHAMMED SHIHABUDHEEN M.P.,
               AGED 53 YEARS, S/O. HUSSAINKUTTY,
               33/969- VADAKKEKANJIRATHINGAL, MARIKUNNU P.O,
               KOZHIKODE - 673 012.

               BY ADV. SMT.T.V.NEEMA

RESPONDENTS:

      1        THE COMMISSIONER,
               OFFICE OF THE COMMISSIONER FOR GOVERNMENT
               EXAMINATIONS, PAREEKSHA BHAVAN,
               THIRUVANANTHAPURAM - 695 012.

      2        THE JOINT COMMISSIONER,
               OFFICE OF THE COMMISSIONER FOR GOVERNMENT
               EXAMINATIONS, PAREEKSHA BHAVAN,
               THIRUVANANTHAPURAM - 695 012.

      3        THE HEADMASTER,
               GOVERNMENT HIGHER SECONDARY SCHOOL, KODUVALLY,
               KOZHIKODE - 673 572.

               BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4844 OF 2021(E)

                                        2


                                  JUDGMENT

The petitioner is aggrieved by Ext.P9

order, by which his application for correction

of his name in the SSLC book has been returned

stating that the publication in Gazette

notification is sufficient.

2. The petitioner's name was entered in

the SSLC book as 'SIHABUDHEEN' instead of

'SHIHABUDHEEN'. He got the spelling of his

name corrected by adding an 'H' immediately

after the 1st letter 'S' by publication in the

Gazette, as per Ext.P5 notification dated

19.09.2019; he got Ext.P6 'one and the same

certificate', from the Village Officer on

13.10.2019. He had submitted Ext.P3

application to the Headmaster of GMUP school,

Arambram, for correction of his name in the

school records and the Headmaster forwarded

the same as per Ext.P4 letter dated WP(C).No.4844 OF 2021(E)

24.08.2020. In that letter, the Headmaster had

informed that the original admission register

of the school got destructed due to passage of

time. On receipt of the application, the Joint

Commissioner made Ext.P7 endorsement stating

that the spelling given for his name was in

tune with the English version of his name; but

it was stated that there was some discrepancy

in the entries as to his father's name, house

name, etc, and it was necessary to have the

school records corrected. Thereupon, he

submitted Ext.P8 representation to Joint

Commissioner providing his clarifications on

the discrepancies noticed in the name of his

father, house name, etc. Petitioner pointed

out the statement of the Headmaster that the

original school register is not available on

account of the lapse of time. Pointing out the

Gazette notification as well as the 'one and WP(C).No.4844 OF 2021(E)

same certificate', he again requested for

correcting the spelling of his name in the

SSLC book. The name of the petitioner has

already been corrected in the Aadhaar card,

Passport, Driving Licence etc. Ext.P9 is

issued thereafter stating that petitioner need

to produce the Gazette notification only.

3. Heard the learned Counsel for the

petitioner as well as the learned Government

Pleader.

4. As pointed out by the petitioner, it

would not be feasible to produce a copy of the

Gazette notification wherever petitioner's

name is required. The purposes where the name

is required to be furnished would be different

and it would have to be given in different

modes. When the name is required in digital

mode, there may not be a provision to upload

the Gazette notification. The name would also WP(C).No.4844 OF 2021(E)

be required for the purpose of education/

employment of his children/family members.

Perhaps the name of father given in the school

records of his children also would be required

to be corrected based on the correction

notified. It would not be feasible or

practicable to produce a copy of the Gazette

notification wherever the name of the

petitioner is required. A correction in the

SSLC book itself would be required for all

these purposes. Therefore the conclusion of

the 2nd respondent that correction of the

spelling in the name entered in his SSLC book

is not necessary, cannot be correct or

sustainable.

In the above circumstances, the Ext.P9

order passed by the 2nd respondent is set

aside. The 2nd respondent shall reconsider

Ext.P4 application forwarded by the Headmaster WP(C).No.4844 OF 2021(E)

and to take expeditious action for effecting

correction in the spelling of the name of the

petitioner in his SSLC Book in tune with the

name notified in Ext.P5 Gazette notification,

within a period of two months from the date of

receipt of a copy of the judgment.

             Accordingly,    the   writ   petition   is

    disposed of.                             Sd/-

                                          P.V.ASHA
                                            JUDGE
    ww
 WP(C).No.4844 OF 2021(E)



                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RECEIPT DATED 18.2.2019.

EXHIBIT P2           TRUE COPY OF THE RELEVANT PAGES OF THE SSLC
                     BOOK OF THE PETITIONER.

EXHIBIT P3           TRUE   COPY   OF  THE   CERTIFICATE            DATED

13.01.2020 OF GMUP SCHOOL, ARAMBRAM.

EXHIBIT P4 TRUE COPY OF THE COVERING LETTER SENT BY HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, KODUVALLY, KOZHIKODE TO 1ST RESPONDENT DATED 24.12.2019.

EXHIBIT P5 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 19.9.2019.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHEVAYUR DATED 13.10.2019.

EXHIBIT P7 TRUE COPY OF REJECTION ORDER NO. EX/JB2/ 24971/2020/CGE/H.DIS. DATED 9.11.2020.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 7/12/2020.

EXHIBIT P9 TRUE COPY OF THE REJECTION ORDER NO.JP2/ 1068/2021/CGE/N. DIS DATED 25/1/2021.

EXHIBIT P10 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.