Gujarat High Court Case Information System
Print
SCA/1265/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1265 of 2010
=========================================================
SUKRUT
PRANAV NANAVATY - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
PR NANAVATI for Petitioner(s) : 1,
MR JK SHAH AGP for
Respondent(s) : 1,
MR AD OZA for Respondent(s) : 2 - 3.
MS
MEGHA JANI for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 16/02/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed to direct the respondents to correct the
name of the petitioner from Sukrut Pranavbhai Nanavaty to
Sukrut Pranav Nanavaty in the mark-sheets issued by respondents
nos. 2 and 3 in respect of the Standard X and XII and also to correct
the name of the petitioner in the School Leaving Certificate on the
basis of the Birth Certificate and to issue a fresh School Leaving
Certificate.
2. The
short facts of the case are that the petitioner has completed his
final MBBS from Smt. NHL Municipal Medical College in the year 2009
and at present he is doing his ‘Internship’ in the said college. It
is the case of the petitioner that as he has applied for open
entrance test to be conducted by U.S. Medical Licence Examination
[for short USMLE ], he is required to submit the documents like
birth certificate, school leaving certificate, mark-sheets of SSC and
HSC, graduation certificate and other documents like ration card
passport etc. However, in the mark-sheets of SSC and HSC as well as
in the School Leaving Certificate, the name of the petitioner
appears as Sukrut Pranavbhai Nanavaty , whereas in the Birth
Certificate the name of the petitioner is recorded as Sukrut
Pranav Nanavaty . The petitioner therefore, approached
respondents nos. 2 and 3 requesting them to change the name as per
the Birth Certificate. However, the respondents declined to rectify
the same on the ground that the orders in that regard issued by a
competent authority of law is necessary to carry out the said
correction. Hence, this petition.
3. Heard
the learned counsel for the respective parties and perused the
documents on record. Regulation 12-A of the Gujarat Secondary
Education Regulations provide that the school record cannot be
corrected after the pupil leaves the school and that in such case,
the only remedy available is to approach the learned Magistrate,
First Class, having jurisdiction in the matter, for redressal of the
grievance, as provided under Section 13(3) of the Registration of
Births and Deaths Act.
4. Such
principle has also been laid down in a recent decision of this Court
rendered in the case of Regional Passport Officer v. Kokilaben,
w/o. Jaswantlal Panchal & Ors., reported
in 2009(2) GLH pg. 1246.
5. Therefore,
in the present case also, the appropriate remedy available to the
petitioner is to approach the concerned Magistrate, First Class, by
way of appropriate application. It is observed that if the petitioner
approaches the concerned Magistrate, First Class, having
jurisdiction in the matter, by way of appropriate application, within
a period of four weeks from today, or alternatively, prefers an
application in connection with the present subject matter before the
School-authority, the School-authority shall forward the same to the
respondent-Board, who in turn shall forward it immediately and not
beyond the period of one week from the receipt of such application
from the School-authority to the concerned learned Magistrate, First
Class, having jurisdiction in the matter. On receipt of the
application as aforesaid, the concerned learned Magistrate, First
Class, shall decide the same on merits and in accordance with law,
within a period of two weeks from the date of receipt of such
application from the petitioner or the respondent-Board as the case
may be.
6. With
the above observations, the petition stands disposed of.
[K.S.
JHAVERI, J.]
/phalguni/
Top