Citation : 2023 Latest Caselaw 2059 Ker
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 32825 OF 2022
PETITIONER:
SHRIRAM(AJMAL),
AGED 22 YEARS
S/O ESMAIL, RENDEVOUS, NETHAJI ROAD,
PULAMON.P.O., KOTTARAKKARA, KOLLAM-691531.
BY ADV A.S.SHAMMY RAJ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2 JOINT COMMISSIONER OF EXAMINATIONS,
PAREEKSHA BHAVAN, POOJAPPURA P.O.,
THIRUVANANTHAPURAM-695012.
3 THE HEADMISTRESS,
GOVERNMENT P.V. HIGH SCHOOL,
PERUMKULAM.P.O., KOTTARAKKARA,
KOLLAM-691566.
SMT. DEEPA N.SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32825 OF 2022
2
JUDGMENT
The petitioner has filed this writ petition seeking a direction to
the second respondent to consider Ext.P5 application and to correct the
name and religion of the petitioner in terms of Ext.P3 Gazette
notification dated 07.06.2022.
2. The case of the petitioner is that the name, religion and
caste etc. of the petitioner are changed in other documents other than
the SSLC book. If the SSLC book is not corrected by making such entries,
it can complicate the issue in future. It was accordingly that, Ext.P5
application was submitted by the petitioner. Anyhow, the issue as to
whether the SSLC book can be corrected by incorporating a new name
and the caste and religion, was considered by a learned Single Judge of
this Court in W.P.(C) No. 3832 of 2021 and a judgment was rendered on
08.03.2021 holding that when other documents are corrected, the
authority is duty bound to correct the SSLC book also. It is also
submitted that the issue is covered by the judgment dated 05.04.2022
in W.P.(C ) No. 3380/2022.
3. Today, when the matter is taken up, the learned
Government Pleader has invited my attention to G.O(MS) No.
195/85/GAD dated 24/5/1985 guiding the issues raised by the petitioner.
I am of the view that the writ petition can be disposed of, directing the
authority to dispose of Ext.P5 application submitted by the petitioner. WP(C) NO. 32825 OF 2022
4. I have heard Sri. A.S.Shammy Raj, learned counsel for the
petitioner and Smt. Deepa N, the learned Senior Government Pleader
and perused the pleadings and material on record.
5. Therefore, the writ petition is disposed of, directing the
Joint Commissioner of Examinations, Thiruvanathapuram-2 nd respondent
to consider and pass appropriate orders on Ext.P5 application, at the
earliest and at any rate, within a period of six weeks from the date of
receipt of a copy of this judgment, and also taking into consideration the
judgment cited above as well as the Government Order referred to
above, if required after securing participation of the petitioner.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
LU JUDGE
WP(C) NO. 32825 OF 2022
APPENDIX OF WP(C) 32825/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING
CERTIFICATE OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 25.5.2022
ISSUED BY THE ARYA SAMAJAM, KOZHIKODE,
AUTHORISING THE CONVERSION OF RELIGION OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 7.6.2022, SHOWING THE CHANGE OF NAME AND RELIGION OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NEW AADHAAR CARD SHOWING THE NEW NAME OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT ON 27.9.2022, ALONG WITH THE FORWARDING LETTER ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 8.3.2021 IN W.P.(C) NO.3832/2021 OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE REPORTED JUDGMENT OF THIS HON'BLE COURT IN NOBIN PAUL VS. STATE OF KERALA (W.P.(C) NO.9022/2021 AND CONNECTED CASES), DATED 16.7.2021.
// True Copy // PA To Judge
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