THAKORE NILESH SHISHIRBHAI Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) Rule. Learned Advocate Mr. Hemang Raval waives service of Rule on behalf of respondent No. 1 and Ms. Kiran Pandey learned A.G.P., waives service of Rule on behalf of respondent No. 2. Respondents Nos. 3 to 5 though served have not appeared. Hence, at the request of the learned Advocates for the respective parties, the matter is taken up for final hearing today itself.

(2.) The petitioner has approached this Court to seek an appropriate direction on the respondents to require them to carry out the necessary change in the School Leaving Certificate of the petitioner. It is the say of the petitioner that for generations his family has been following Christianity. However, in the birth certificate his caste is shown as Hindu Thakore. According to the petitioner, on noticing this discrepancy in the certificate he approached the school authorities with a request to make necessary correction, but it was refused on the ground that after pupil left the school, it was not within the power of the school authorities to effect any change in the School Leaving Certificate. In the circumstances, the petitioner has approached this Court.

(3.) I have heard Ms. Sejal Vyas for the petitioner and Mr. Hemang Raval for respondent No. 1 and Ms. Kiran Pandey, learned A.G.P., for respondent No. 2. 3.1 It is contended by Ms. Vyas that considering the fact that the petitioner has been following the Christian faith for the last three generations, there is obvious mistake committed by the school authority in the certificate by mentioning his caste as Hindu Thakore. She has, therefore, submitted that the school authority is bound to amend this mistake since it is the authority's fault. As against that, Mr. Raval has submitted that once the student has left the school, the school authority has no power to carry out any correction in the School Leaving Certificate.