STATE OF KERALA Vs. RITHA TOMAS

JUDGEMENT

(1.) State is the appellant. The respondent herein filed the Writ Petition seeking a direction to the District Educational Officer, the third respondent in the Writ Petition to forward the applications Exts.P2 and P4 for alteration of the name in the school records to the second respondent Commissioner of Government Examinations, for appropriate sanction. The writ petitioner was a student studying for B. Com. Degree in a private college. In the school records her name was shown as "Ritha Thomas"; but in the certificate of Baptism, Birth Register and Passport, her name is recorded as "Annie Ritha Karukaparambil". Petitioner is yet to secure any job and to avoid future confusion as a result of the difference in the name in the school records and in the other records, namely, passport, birth register etc., she filed an application seeking correction in the name. The second respondent District Educational Officer turned down the said request as per Ext.P3, stating that the writ petitioner having completed her school education, correction can be made only by way of Gazette notification. It is seen that the Commissioner also made a similar endorsement on Ext.P4 representation made by her. But the Commissioner, unlike the District Educational Officer, did not say that the change in the name can be effected only by Gazette publication; but according to him, such changes can be made by Gazette publication also, except in the case of clerical errors. The learned Single Judge, after referring to Rule 3(4) of Chapter VI of the Kerala Education Rules, held that as per the aforesaid rule, correction can be made by appropriate authority. Since according to the petitioner, the competent authority is the Commissioner of Government Examinations and without getting sanction from him, she will not be able to notify the same in the gazette, a direction was issued to the District Educational Officer to forward the application to the Commissioner for making correction. We find no argument was advanced on behalf of the Government that either it is the District Educational Officer who is the competent authority to make correction or any other authority based on any subsequent Government Order. However, in the appeal, Annexure A an executive order issued by the Government as per G.O. Ms. No. 195/85/GAD dated 24.5.1985 was produced and it is contended that as per Paras 2 and 4 of the aforesaid order, the competent authority to effect such changes is the Tahsildar or such higher authorities in the Revenue Department. It was also contended that correction, if any, to be made by the District Educational Officer is only so long as the pupil continues in the school and not thereafter. According to the learned Government Pleader Smt. Bindu, once the student is not in the rolls of the school the matter will be governed by Annexure A order.

(2.) In order to appreciate the contention on either side, it is necessary to extract the relevant rules. Rule 3 of the Kerala Education Rules, reads as follows:

(3.) On a reading of the above rules, it can be seen that the name, religion and date of birth once entered in the admission register shall not be altered except with the sanction of the authority specified by the Government in this behalf by notification in the Gazette. Rule 3 has a statutory force and hence any notification to be issued by the Government should be in exercise of the powers underR.3 as aforesaid. Government accordingly, in exercise of the said power, has issued notifications published in the Kerala Gazette dated 9th June, 1959 by Notification No. Ed.(CSpl)21564/59/EHD dated 8.6.1959 and GO.(P) 2/75/G Edn. dated 1.1.1975 published in the Gazette dated 28.1.1975, specifying the District Educational Officer to be the authority for sanctioning alteration of the name and religion of the pupil and the Commissioner of Government Examinations to be the authority for sanctioning alteration in the date of birth of the pupil. Thus, two authorities are specified as per the above notifications. In the case of change in the name, the specified authority is the District Educational Officer and in the case of change in the date of birth, the specified authority is the Commissioner of Government Examinations. In the present case, change required to be made and applied for is only in the name of the candidate and not in the date of birth. Thus, by virtue of Rule 3 of Chapter VI as read above read with the notification, there cannot be any doubt that the competent authority to effect changes in the name of the pupil is the District Educational Officer.