The Kerala High Court on Monday directed the Joint Commissioner for Government Examinations (2nd respondent) to issue a Secondary School Leaving Certificate (SSLC) showing the correct name of the petitioner with corrected religion and caste of the petitioner, a Muslim boy converted to Hindu Kanikkaran community.
The petitioner, Naveed M.C @ Noufal, is aggrieved by the action of the Joint Commissioner in returning his application for effecting corrections in the SSLC Book relating to change of his name, caste and religion in certificate saying that there is no such procedure and petitioner can produce the Gazette notification along with the certificate wherever necessary.
The facts of the case is that the original name of the petitioner was Noufal and his name, caste and religion were entered as Noufal M.C., Secondary School Leaving Certificate. The petitioner had submitted an application for notifying correction of his name, caste and religion in the Gazette after obtaining a caste certificate from the Tahsildar on 21.10.2020. He had got his name changed in the Aadhar Card for which a 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 to Hindu, Kanikkaran. The Religion and Caste were changed and Gazette notification was issued on the basis of the judgment of Kerala Court in WP(C) No.1836 of 2020.
The petitioner submitted an application dated 01.01.2021 remitting the prescribed fee, for making corrections in school records and requesting for a corrected certificate, which was forwarded by the Headmaster of the Government School Meenangadi .
The Joint Commissioner for Government Examinations rejected the 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 petitioner then approached the High Court pointing out the entitlement of the petitioner to get the name, religion and caste corrected.
A Single-Judge Bench of Justice P.V. Asha after hearing the counsel for the petitioner as well as the Government Pleader observed, “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.”
“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 Court ordered.