W.A.No.121 of 2022

W.A.No.121 of 2022 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **TUESDAY, THE 29[TH] DAY OF MARCH 2022 / 8TH CHAITHRA, 1944** **WA NO. 121 OF 2022** **APPELLANT/RESPONDENT IN W.P.(C):** **THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS PRATHEEKSHA BHAVAN,POOJAPPURA THIRUVANANTHAPURAM, PIN - 695012 BY ADVS. SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/PETITIONER IN W.P.(C):** **AADITHYA VINAYAN, AGED 18 YEARS, D/O.VINAYAN KATTAKKALALM HOUSE AYAKKAD P.O VADAKKANCHERRY,ALATHUR PALAKKAD, PIN - 678683 SRI.V.A. JOHNSON(VARIKKAPPALLIL)** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.No.121 of 2022 2 ## **JUDGMENT** ## **SHAJI P.CHALY,J.** This appeal is preferred by respondents in W.P.(C) No.10331 of 2021, challenging the judgement of the learned Single Judge dated 12.8.2021, by which the learned Single Judge directed the appellants to reconsider the correction of the Secondary School Leaving Certificate record showing the caste of the respondent/ writ petitioner as “Vilakkithala Nair” based on Exhibits P1 to P3, P5 & P6 documents produced by the writ petitioner and in the light of the letter from the Head Mistress produced as Exhibit P7. It was also found that the letter of the Head Mistress shows that she had verified the documents and found that the request made is justified. It was in the above circumstances, the appellant was directed to consider the issue, without insisting on the production of copy of the application for admission submitted by the writ petitioner in Class I, and a copy of the admission register of Class I, within a period of two months from the date of receipt of a copy of the judgement. 2. Brief material facts for the disposal of the writ appeal are as follows; according to the writ petitioner, she belongs to “Vilakkithala Nair” community, which W.A.No.121 of 2022 3 is categorised as 'Other Backward Class'. However, the caste of the petitioner was mistakenly noted in Exhibit P4 Secondary School Leaving Certificate as “Hindu Nair” instead of “Vilakkithala Nair”, which according to the petitioner, disqualifies her from securing reservations applicable for the OBC category. It was thereupon that the petitioner filed an application before the appellant to correct the caste of the petitioner in Exhibit P4 certificate, taking into account Exhibits P5 & P6 community certificates issued by the Village Officer, Vadakkencherry and Tahsildar, Alathur dated 12.11.2020 and 16.1.2021, respectively. However, the said application was returned by the authority directing the petitioner to produce admission related documents of the petitioner from the 1st standard. 3. The case of the petitioner is that it is impossible to produce the certificate since the previous school of the petitioner is closed and the chances of securing a copy of the application and other certificates from class I is nothing short of impossibility. The learned Single Judge, after taking into consideration the entries in Exhibit P1 - transfer certificate dated 31.5.1978 issued to the father of the petitioner showing the caste as “Hindu Vilakkithala Nair”; OBC, entries in Exhibit P2 - SSLC Book of the mother of the petitioner showing the caste as “Vilakkithala Nair – OBC”, Exhibits P5 & P6 community certificates and Exhibit P7 letter issued by the HeadMistress of the High School dated 16.11.2020, has allowed the writ petition W.A.No.121 of 2022 4 and directions were issued also relying upon the provisions of law laid down by the Apex Court in **Jigya Yadav v. Central Board of Secondary Education** [2021(3) KLT 711 (SC)]. It is thus challenging the legality and correctness of the judgement, the appeal is preferred by the appellant. 4. The paramount contention advanced in the appeal is that the impugned judgement was passed without granting an opportunity to the appellant to ascertain the genuineness of the statement given in the writ petition regarding the nonavailability of admission records on account of the closure of the previous school of the petitioner; that such an aspect is not disclosed in the application submitted by the petitioner and therefore, the contentions regarding the closure of the school are suspicious; and even if a school is closed, the documents will be preserved as per the procedure. That apart it is submitted that the learned Single Judge has failed to notice the law prescribed in Chapter VI, Rule 3 of Kerala Education Rules, 1959 for change of name, religion, and date of birth once entered into the admission register. It is also submitted that as per the Government Order - G.O.(MS) No.80/84/GAD dated 14.3.1984 issued by the State Government in this regard i.e., in the case of change in name, religion & community, except clerical error; it is to be carried out after a person leaves the school by way of gazette notification after obtaining certificates from a competent authority and by attaching the attested W.A.No.121 of 2022 5 copy of the notification with SSLC book/extract of admission register of the person. 5. The sum and substance of the contention advanced by the appellant is that no change in the original entry can be made subsequently. It was accordingly that Exhibit P8 communication was issued to the writ petitioner to produce the required documents for effecting the change, which is mandatory to identify as to whether the mistake is a clerical one or not. That apart, it is pointed out that in the application, the writ petitioner has stated that she has not attended any other schools. However, the HeadMistress of the Cherupushpam GHSS, Vadakkencherry, has certified that the application and other documents are correct. Therefore, according to the appellant, the case put forth by the writ petitioner that the school, in which she has secured admission for Class I is closed down, is not correct. Other contentions are also raised in respect of the exercise of jurisdiction by the learned Single Judge without correctly appreciating the facts and circumstances of the case at hand. 6. We have heard, learned Senior Government Pleader Sri.Tek Chand appeared for the appellant, learned counsel Sri.V.A.Johnson (Varikkappallil) for the respondent/writ petitioner, and perused the pleadings and materials on record. 7. The sole question emerging for consideration is whether any interference is required to the judgement of the learned Single Judge? As evident from Exhibit P5 W.A.No.121 of 2022 6 Secondary School Leaving Certificate, it is clear that the petitioner has passed her Secondary School Examination in the year 2018, and in the said certificate, the religion and caste of the writ petitioner are shown as “Hindu – Nair”. However, from Exhibits P1 and P2 certificates issued in favour of the petitioner's father & mother, the religion and caste are shown as “Hindu – Vilakkithala Nair, OBC”, which are dated 31.5.1978 and 23.3.1990. Exhibit P3 is the birth certificate of the petitioner, in which the names of the father and mother are shown as 'Vinayan' and 'Prameela.V', which tallies with Exhibits P1 and P2 certificates issued by the school authorities, to the father and mother of the petitioner. That apart, Exhibits P5 & P6 are community certificates dated 12.11.2020 and 16.1.2021 issued by the Village Officer, Vadakkencherry and Tahsildar, Alathur Taluk, respectively, showing the religion and caste of the petitioner as “Hindu- Vilakkithala Nair” and has also pointed out that the caste is wrongly entered as “Hindu – Nair”, in the Secondary School Leaving Certificate. Moreover, the Head Mistress of the school, after going through the available records, has certified that the religion and caste of the petitioner are “Hindu – Vilakkithala Nair”, a community belonging to 'Other Backward Class'. Therefore, the documents produced by the petitioner from the official and statutory authorities clearly indicate that the religion and caste of the petitioner is “Hindu – Vilakkithala Nair”, which belongs to the 'Other Backward W.A.No.121 of 2022 7 Class'. 8. The paramount contention advanced by the appellant is relying upon the Government Order – G.O.(MS) No.80/84/GAD dated 14th March, 1984, to contend that no correction is possible, if it is not a clerical error. The said Government Order reads thus: “ GENERAL ADMINISTRATION (SERVICES D) DEPARTMENT G.O.(Ms.180/84/GAD. Dated, Trivandrum, 14[th] March, 1984. Abstract - Alteration of name, religion, date of birth etc. - Further Orders Issued. Read: 1. G.O. (Ms.) 338/79/GAD. dated 19-06-1979. 2. Letter No.All (1)/286/81/GW. dated 23-11-1982 of the Secretary, Public Service Commission. 3. Letter No. AI(4)/286/81/GW. dated 07-12-1983 of the Secretary, Public Service Commission. ## **ORDER** According to the existing orders change in the date of birth claimed by candidates who have applied for recruitment to various State and Subordinate Services will be accepted only if this is made in the Admission Register and other school records (and the S.S.L.C. Book if issued) under the orders of the Commissioner for Government Examinations after following the procedure prescribed in the Rule 3 in Chapter. VI of the Kerala Educational Rules. In the G.O. first read above the Government ordered that suitable alterations in the W.A.No.121 of 2022 8 Admission Register and other School Records as required under the above mentioned Rule in the Kerala Educational Rules followed by notification in the Official Gazette will be insisted upon for acceptable of change in the name, caste or community of the candidates in the applications submitted by them for recruitment to the various State and Subordinate Services, from the recorded in the documents attached to their applications. The propriety of insisting of making suitable alteration in the admission register and other school records in cases of change in name, caste or community after a candidate has left the School has been considered by the Government in consultation with the Kerala Public Service Commission. It is considered that except in the case of alteration in the date of birth of a candidate it is not necessary to have these changes carried out in the School Records after a person leaves the school and that it would sufficient if these are separately documented. Accordingly, in modification of the orders issued in the G.O. first read above, the following orders are issued. (i) In the case of change in date of birth the existing practice will continue. (ii) In the case of change in name, religion and community, change except clerical error, to be carried out after a person leaves the school shall be ensured by Gazette Notification after obtaining Certificates from Competent Authorities and copy of the Gazette Notification duly attested shall be attached to S.S.L.C./Extract of Admission Register of the individual concerned. No change in the original entry shall be made. (iii) In the case of change in name, only, an identification certificate obtained from a Gazetted Officer shall be attached with W.A.No.121 of 2022 9 the relevant page in S.S.L.C./Extract of Admission Register. 2. The Director of Public Relations will arrange to give wide publicity to these orders. By Order of the Governor, ## **K. P. JOSEPH,** Joint Secretary.” 9. In our considered opinion, when the religion and caste of the parents are shown as “Hindu – Vilakkithala Nair” decades back, it can only be legally presumed that the writ petitioner is also belonging to that religion and community. That apart, in our view, the entry made in the Secondary School Leaving Certificate, can only be a clerical error for the reason that normally the Nair community in Kerala is a forward class and since the term, “Nair” has accompanied with the caste name “Vilakkithala”, there could be every possibility of making an incorrect entry in the SSLC book, by the clerk thinking that petitioner belongs to “Hindu – Nair” community. It is also relevant to note that writ petitioner is belonging to Hindu community, and the mistake, taking into account the totality of the circumstances, can only be legally presumed as a clerical one on a mistaken impression as specified above. 10. Viewed in those circumstances, we have no hesitation to hold that the entry made in the Secondary School Leaving Certificate as to the religion and W.A.No.121 of 2022 10 community as “Hindu – Nair” is a clerical error, liable to be corrected in accordance with the Government Order extracted above. Considering all these aspects, we are of the undoubted opinion that the learned Single Judge was right in issuing direction to the appellant to carry out the correction in the Secondary School Leaving Certificate without insisting for the application submitted by the writ petitioner when she was admitted to the 1[st] standard, and other documents. 11. To put it otherwise, the appellant has failed to make out any case of jurisdictional error or other legal infirmities, justifying our interference with the judgement of the learned Single Judge in an intra court appeal filed under section 5 of the Kerala High Court Act, 1958. The upshot of the above discussion is that the appeal fails, accordingly, it is dismissed. Sd/- **S.MANIKUMAR CHIEF JUSTICE** smv Sd/- **SHAJI P.CHALY JUDGE**