Bethapudi Hari Krishna v. 1. The State of Telangana

Heard Sri Dr.M-Madhavi Latha @ Saarah Sandilya' learned counsel appearirrg on behalf of the petitioner and learned Assistant Government Pleader for Education appearing on behalf of respondents.

2. The Petitioner approached this court seekino the graver as under : .....to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the inaction of the Respondent Nos.2 and 3 in not correcting the petitioner's surname in the ssc Marks Memo from "Hari Krishna Bethakudi" to "Hari Krishna Bethapudi", despite the petitioner's written representation dated \_ 2 sN,., WP No.38193_2025

26.07.2025, as being illegal, arbitrary and violative of A,rticles 14 and 2l of the constitution of India and contrary to the settled law declared in Mohammed Abdul eayyum v. State of Telangana (W.P.No.35591 of 2022) and .Bhatta Chandrashekar v. Board of Secondary Education (Wp No.8663 of }OZL), Telangana High Court, consequenUy direct Respondent Nos.2 and 3 to effect correction of the petitioner's surname as "Bethapudi" in his SSC Marks Memo in accordance with Sections B and C of G.O.Ms.No.L263, Education Department, dated 0t5.05.1961, and to issue a fresh corrected SSC Marks Memo forthwith; and pass such other order...,,

3. Tlre case of the petitioner in brief, is that the petitioner,s original name was "BETHAPUDI HARI KRISHNA" but at the time of issuernce of the SSC certificate, the petitioner's name was wrongly recorded as'Bethakudi Hari Krishna', this minor mistake had caused serious admlnistrative and professionat hardship and also created inconsistency between the petitioner's educationat credentials and personal identification documents, thereby affectingr the petitioner's employment and verification opportunities. It is fufther the case of the petitioner that the petitioner approached the respondents 2 and 3 seeking correction of petitioner's surname, but the respondent officials failed to act, despite treing furnished with all necessary supporting documents. 3 SN,J wP No.38193_2025 On 26.07.2025 the petitioner submitted a detailed written representation enclosing copies of Aadhaar, PAN, Intermediate Marks Memo and family records establishing the correct spelling of petitioner's Surname as "BETHAPUDI". But the respondents did ngt consider petitioner's request for correction of his Surname. Aggrieved by the same, the petitioner preferred the present writ petition.

5. Learned counsel appearing on behalf of the petitioner Submits that inspite of repeated requests and representation of the petitioner dated 26.07.2025 seeking correction of the petitioner's surname in the ssc Marks Memo from .HARIKRISHNA BETHAKUDI" tO *HARI KRISHNA BETHAPUDI", the respondents herein had not initiated any action on the said representation of the petitioner. The tearned counsel appearing on behalf of the petitioner further submits that the subject issue in the present writ petition is squarely covered by the order of this Court dated O|.O4.2O22 passed in W.P.No.8663 of 2O2L and'also the order of this Court dated 22.fJ9.2022 passed in W.P.No.35591 ol 2022. i I : . . s I 4 sN,) wP N0.38193_2025

7. The learned Assistant Government pleader appearing on belhalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner and upon instructions brinqs to o (a) The aforesaid facts and circumstances of the

8. case, (ii) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader appearing on behalf of the responclents, (iiii) The view of this court in its Judgment dated O1.O4.2t022 passed in W.p.No.8663 ot ZO2t,, (iv) The view of this court in its Judgment dated

22.09.21)22 passed in W.p.No.3SSgl of 2O22, 5 SN,' wP No.38r93_2O25 (v) The contents of the petitioner's representation dated 26.07.2[J25 addressed to the respondents herein, The writ petition is disposed of directing the respondents 2 and 3 to consider the grievance of the petitioner as put forth in the petitioner's representation dated 26.07.2(J25, pertaining to correction of the petitioner's surname in the SSC Marks Memo from .Hari KrishNA BEthAKUdi, tO *HARI KRISHNA BETHAPUDI,,, in accordance to law, and pass appropriate reasoned order, within a period of one (O1) week from the date of receipt of a copy of this Order, and duly communicate the decision on petitioner's representation dated 26.07.2025 to the petitioner herein. However there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed //TRUE ED ABDULLA KHAN ANT REGISTRAR SECTION OFFICER State of Board Secondary Education, Hyderabad, Telangana State. The District Educational Officer, Hyderabad. Director of Schoot Education (RJDSE)' Opposk Nizam , Abids, Hyderabad - 500001 School, lndira Nagar, Nehru Nagar,

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7. Habsiguda, Hyderabad - Two CCs to GP FOR ED UCATION, High Court for the State of Telangana at Hyderabad.tOUTl 50001 3. s. ohe CC to on. ru.rrlnoHAvl LATHA, Advocate [oPUC] 9. Two CD CoPies s, Jitt e order dated 01.04.2022 in W.P No-35591 ot 2O22 Atong wittr a SA'DAN "opi \ To

2. 3 HIGH COURT DATEET:I111212025 IEI-fl WP.No,38193 of 2025 'i'rtE:i lJ () 1 B APn 202[ * * DISPOS|ING OF THE W.P WITHOIJT COSTS. I THE HON,BLE DT. JUSTICE G. RADHA RANI Writ Petition No.8663 of 2021 This petition.is filed by the petitioners to issue a writ of Mandamus : '"! the proceedings of Respondent No.2 vide L.Dis.No.208/ dt.16.01.2021 & Respondent No.3 vide Rc.No.59l7IG3/SSC/ dt.25.01,.2021 w arbitrary, illegal, void, and against the principles of justice and in violation of the Fundamental Rights guaranteed under rl4 & 2l-A of the Constitution of India, and to direct the Nos.2 & 3 to incorporate the name of Respondent No.5 as the of :Petitioner No.l in SSC certificate of the Petitioner No.l, ..1.

15.052014 ,i 2;l:' Heard the learned counsel for the petitioners and the learned Pleader for respondent Nos.l to 3. J

3. The learned counsel for the petitioners submitted that the . 'petitioner No.2 and respondent No.5 were the biological parents of No.l. The parents of the petitioner No.l worked together at and: Warangal. During the course of their service, they close intimacy and lived together under one roofl, due to which petitioner No.l rwas born. At the relevant point of time, the respondent )i 5 was already manied and was having 2 children. Subsequently, in the -,-1 2 Dr GRR.J WP No.!r66.t of ]lt! I year 200(i sotne disturbances arose between the parents of petitioner No.l and the petitioner No.2 filed a criminal complaint against respondent No.5 with Police, Warangal and a case was registered against respondent No.5 under Se,:tion 498-A IPC and charge sheet was f,iled vide CC No.22 t of 2008 on the file of I Additional Munsif Magistrate at Warangal. Due to intervention of elders, the matter was settled outside the court and an agreement of abandonment/settlement was executed on 20-9-2006 and the criminal oase was settled in Lok Adalat vide order dated 5-10-2006. In lieu of the agleernent, the parents of petitioner No.l were living separately and the petitioner No.2 took the responsibility and custody of petitioner No' l. The respondent No.5 paid an amount of Rs.2.00 lakhs to petitioner No.2 and Rs.2. )0 lakhs for the welfare of petitioner No.l. . 4. The leamed counsel for the petitioners further submitted that the petitioner No.l passed SCC Public Examination through Narayana Concept School at Arneerpet in the year 2Ol4 with a GPA of 9.2 out of l0 and the respondertt No.l issued SSC Memo dated l5-5-2014 to that effect. While submitting the application of petitioner No.l to the respondent No.l for appearing in SSC Public Examination, the petitioner No.2 did not mention the name of respondent No.5 due to her personal ego issues, as such the column pertaining to the name of the father was left blank. Presently the 3 DT.GRR,J WP.No.E663 ol202l No.l was pursuing Master of Science (M.Sc) and was planning pursue higher education abroad for a better career. To avoid visa and for social status, the petitioner No.l wanted his father's to be incorporated in his SSC Memo certificate. The petitioner No.l not having any claim, whatsoever either in the property or inheritance respondent,No.5. On'the request of petitioner No.1, the petitioner made a representation to respondent No.4 to forward the application f petitioner No.l to incorporate the father's name of petitioner No.l in his SC Memo certificate by enclosing all the requisite doctrments as per vide representation dated l0-l l-2020. The reSpondent No.4 the respondent No.3 after

2. The respondent No.2 proceedings

5. The learned counsel for the petitioners further submitted that : .O.Ms. No.l263 had no application, the respondents No.2 and 3 had . the jsaid GO and failed to exercise their powers to ,:' ::lncorporate the father's name of petitioner No.l ih his SSC certificate. The t. l ibuggestion of the respondents No.2 and 3 for publication in gazette had no { .implication to the facts and circumstances of the case. The respondent No.l ,I t" had ample powers to incorporate the father's name of petitioner No.l in his I 4 Dr.GRR.t WP.No.8663 of 2021 SSC menro. No prejudice would be caused to the respondents No.1 to 3 by incorpore.ting the father's name of th€ petitioner in the SSC certificate. The petitioner No.l had furnished his birth certif,rcate, transfer certificate issued, by resporrdent No.4, the agreernent dated 2}-g-2006along with Lok Adalat order anrl requisite declaration affidavits and prayed to allow the Writ Petition try directing the respondents No.2 and 3 to incorporate the name of, I the father of petitioner No. t in his SSC certificate.

6. The learned Government Pleader for School Education submitted that no ccrrections could be made in the entries relating to name, father's surname etc. in the completed SSLC or HSC or HS (Multi purpose) as per Section 'C' of GO Ms No 1263, Edn., dated 6-5-1961 except for the clerical rristakes. The petitioner No.l could arange to notify at his own cost any :hange by way of publication in Gazetteand prayed to dismiss the petition.

7. Perused the record. Section'C' of G.O.Ms. No.1263 Education Departmr:nt, dated 6-5-1961 is with regard to Rules, which are as under: ..RULES FOR THE CORRECTION OF THE ENTRIES REI.ATING TO THE NAME, SURNAME, FATHER'S NAME" CASTE, RELIGTON ETC., [N COMPLETED SECONDARY SCHOOL LEAVING CERTTFICATE OR HIGHER SECONDARY CERTIFTCATES OR HTGHER SECONDARY (MULTIPURPOSE) CERTIFTCATES. . : .i : : T .t i, i:' '.*,,..:r ,. .*r. .. -. 'Eiirl.';i,.:ii r*IL'{lt6'lir'H .."4::##9irN :,itffiffii{i {4' "., .- 5 T ,I :.:., Dr.CRRl ttP.No.666j of202l (1) No application shall be entertained by the any officer of the Educational Department for the the entries relating to name, father's name, caste religion Department. (2) The person affected may, however, arrange to notify at his or ' her own cost, any such change of name, father's name caste or religion in the Andhra Pradesh Gazette and shall keep a copy of i the notification in the concerned certificate. j ..:r " , ;,, i,:. 'j . (3) No correction need, however, be made in the certiflrcates or the school ficords as a result of the notification referred to in ,', . rule 2 abovri. -:.,. i r' (By oRDER AND IN THE NAME OF THE GOVERNOk OF , ANDHRA PRADESH).' i ". same was informed by the respondents No.2 and 3 vide impugned .l. a' i. :iri ...i l! : ,. - 1; dated | 6- L:2021 and 25 - l - 2021, respectively. : I)

8. The learned counsel for the petitionem also relied upon the Full judgment of the Orissa High Court in Satyasiva Sundar Nayak v. ,'Board of Secondary Education, Orissa and othersl wherein the question of law that whether the change of the name or surname of .,..,. and mother'of a candidate who had already appeared at the High Certificate Examination'and obtained the Board Certificate (H.S.C.) the names of the parents is permissible on the basis of a 2 Ori. Law Rev. 64 1 i : l I I I 6 wP.No.E663 d correctiotr in the school record made subsequent to that date is and held that: "6.4. There cannot be anything under the sun wherc cannot creep in. What is necessary to be determined is there is really a genuine mistake or not ? Therefore;, it augur well for a statutory authority like the Board dealing the cases of students to take a stand that it will correction unless it is so directed by a civil court, every case a suit is required to be filed by the not clear how and on what basis, the Board will collteqt suits. The stand taken one inasmuch as such students with genuine Board in hundreds of litigation in civil court without having any effective say or defence in the matter. Held so, it allowed the, writ petition

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8. When a minor is admitted in the primary school, the school ' admission register is maintained by the concerned teacher of that school. [f any bona fide mistake occurs in the school admission : register, then the same cannot continue. At the time of filling up of the form to appear at the HSC Examination or after issuance - of HSC certificate if mistake is detected, the Board can rectiS the same. The Division Bench rightly held that the authorities '. issuing a document have the power of making necessary'. corrections,iftheyaresatisfiedaboutanyincorrectness.$uqh power is ancillary. j.i.

14. We are unable to accept the view of the reference court that the circular of the Directorate of Education, Orissa with regard to correction of the records of the school in respect of parents' name and surname can be made when a student continues in the school and is not yet sent up for filling up the forms to appear the Board examination and not thereafter. Allowing this at a later stage may encourage unnecessary complication in cases tike adoption. The apprehension is unfounded

15. We are conscious of the socio economic conditions of students admitted into the Govemment Primary Schools of the State. Some of the students belong to the lower rung of the society. The Board authorities must realise the ground reality. They cannot denude the just clairn of a student on jejune grounds. :1 i : 3dq$+i{+r ?._ ,:' ii-" 7 Dr.OR&J wP.No.E663 $202t

16. Ubi Jus lbi Remedium - for every wrong, the law provides a remedy. The same is a fundamental principle of equity jurisprudence.l 17, When the question of adoption arises, the Board in , appropriate cases may reject the same. But when a i 'fatheCs/mother's name has been wrongly entered into the school . admission register, the same cannot.be allowed to continue."

9., In the present case also no fraud or misrepresentation has been r the respondents or no motives are imputed against the I to,,reject his application. The name of the father of No.l was left blank in the Secondary School Certificate and the , is'requesting it to be entered for his social recognition or to avoid visa.complications. Section 'C' of G.O.Ms. No 1263, Edn. dated -r961 is,not a bar for entering the name of the father of the petitioner I as the:petitioner No.l is not seeking for any correction of the enffies only seeking to fill up the column which was left blank. As the No.l had produced valid documents like date of birth, pitssport, certificateissuedbyRespondentNo.4,agreementdated20-9.2006 .his parents along with the order passed by the Lok Adalat and declaration, aflidavits, there must be no difficulty for the for entering the name of the father of the petitioner No.l in his , certificate. Hence, it is considered fit to give a direction to the No.2 and 3 to incorporate the name of respondent No.5 as the .!' 8 t(P.No.E663 father of petitioner No.l in the SSC certificate of the petitioner l5-4-2OL.>

10. Hence, the Writ Petition is allowed setting aside proceedir.gs. The respondents No.2 and 3 are directed to '1. . ..':, ,. name of respondent No.5 as the father of petitioner'No.l certificatt: of the petitioner No. I dated I 5-4-20 I 5. No order as to costs. -, Miscellaneous Petitions spending, if any, shall stand closed. April 01,2022 KTL Dr. G. I t I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.35591 OF 2022 ORAL ORDER: Heard Mr. Zulfaquar Alam, learned counsel for the petitioner and Mr. M. Parma Reddy, learned Assistant Government Pleader for Education appearing for respondent Nos.2 to 4.

2. This Writ Petition is filed to declare the inaction of respondent No.3 in correcting the names of the petitioner and his father in his Marks Memo of Secondary School Certificate as "Mohammed Abdul Qayyum" in place of "Mohammed Abdul Rahman' and "Mohammed Abdul Rahman" in place of "Mohd Abdul Rahman" in spite of the petitioner personal visits to respondent No.3 office followed by a written representation dated 20.09.2019 as illegal and for a consequential direction to respondent No.3 to correct the names of the petitioner and his father in SSC Marks memo as mentioned above.

3. Perusal of record would reveal that the petitioner herein had passed out S.S.C during the academic year 2016-17. Secondary School Certificate including Marks Memo dated 03.05.2017 was issued to the petitioner. The petitioner herein had submified an application to respondent No.5 seeking correction of his name and his father's name 2 KL,J W.P. No.35591 of2022 mentioned in the aforesaid marks memo, dated 03.05.2017. Respondent No.5 school, in turn, had forwarded the said application to respondent No.3 with a request to correct the name of the petitioner and his father. 4, According to the petitioner, his name is "Mohammed Abdul Qayyunf' and his father's name is "Mohammed Abdul Rahman". In proof o{ the same, he has filed Birth Certificatel1.09.20l9 issued by the Registrar of Births and Deaths-cum-Deputy Commissioner, Greater Hyderat,ad Municipal Corporation, Hyderabad and the Assistant Medical Offrcer,rf Health, Circle No.05 in Form No.5. He has also filed copies of Aadhar Card, Pan Card and Bank Pass Book. He has also filed copy of Tradt: License issued by the GHMC to show that the name of the petitione r's thther as 'Mohd. Abdul Rahman'. In the SSC Marks Memo, his namt: is mentioned as "Mohammed Abdul Rahman" and his father's name is ;nentioned as "Mohd Abdul Rahman".

5. Despite receiving and acknowledging the said letter, dated

20.09.2019 sent by respondent No.5 school, respondent No.3 failed to act upon the same. Therefore, the present writ petition.

6. On the other hand, Mr. M. Parma Reddy, leamed Assistant Govemnrent Pleader for Education, referring to G.O.Ms.No.l263 of 3 KL,J W.P. No.35591 of 2022 Education Department, dated 06.05.1961, would submit that the petitioner has to submit the said application within two (02) years from the date of wrong entry which the petitioner herein did not submit. However, respondent No.3 is not the Competent Authority. As per Rules, for correction of entries relating to the name, surnatne, father's name etc., in the completed Secondary School Leaving Certificates or Higher Secondary Certificates, or High Secondary (Multipurpose) Certificates, the person affected may, however, arange to notifr at his or her own costs, any such change of name, father's name in the Andhra Pradesh Gazette and shall keep a copy of the certification in the concemed certificate. According to the learned Assistant Government Pleader, the petitioner herein has not submitted the said Gazette and, therefore, he is not entitled for correction of name in the SSC Marks Memo. 7 . In view of the aforesaid rival submissions, it is relevant to note that the erstwhile Andhra Pradesh Government had issued G.O.Ms.No.1263, dated 06.05.1961 i.e., revised Rules with regard to the correction of date of birth. The same were adopted by the State of Telangana in terms of the Andhra Pradesh Reorganization Act, 2014. The said Rules are relevant and the same are extracted below: 4 ..WEE KL,J W.P. No.35591 of 2022 RUI-ES FOR THE CORRECTION OF TI{E DATE OF BIRTH, NAME, SUINAME, FATHER'S NAME, CASTE, RELIGION, IN SCHOOL RE(]ORDS, OTHER THAN COMPLETED SECONDARY SCHOOL LEI.VING CERTIFICATES OR HIGMR SECONDARY (MULTIPURPOSE) CETITIFICATES. (l) An application for the correction of the date of birth, Name, Surname, Father's name, Caste, Religion in the School Records, that is other than completed Secondary School Leaving Certificate or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates shall be made to the authorities mentioned in column (2) of the table below through the Head of the school in which the pupil is studying:- Classes of Cases a) Application in the case of pupils studvine in Primarv classes. (b)Application in the case of pupils studying in the Lower Secondary Classes c) Application in the case of pupils stuJying in the Higher Secondary Clz.sses. Authority competent to pass orders for the correction of date of birth District Educational Officer concemed The Regional Deputy Director of Public Instruction concemed or the IGS concemed as the case may be Director of Public Instructions

2. The application may be preferred by the father or mother or the pupil (boy'girl) or by his or her guardian, if both the parents are not alive. 3. The documents mentioned in clauses (a), (b), (c), (d) and (f) of Rule 3 under Section "A" shall be attached to the application. 4. The instructions contained in rule-4 under section 'A' shall also apply to the caser, covered by this section. 5. Cn receipt of the application with the prescribed documents, the Headmaster shall submit along with the attached documents to the District Educational Officer in Director or Deputy Director of Public Instruction as the case may be with reference to rule I above. The officer competent to pass orders shall dispc se of the applicant, after making or ordering such enquiry as he considers necerisary. 6. Irlo application for the correction of the date of birth in the school records shall ordinarily be entertained after a period of two years from the date of the first ,ldmission to the school, a departure being made only in very exceptional cases where there is unimpeachable evidence and the delay in preferring the appli,;ation is satisfactorily explained. SECTION-C RLILES FOR THE CORRECTION OF THE ENTRIES RELATTNG TO THE NAME, SURNAME, FATHER'S NAME, ETC., TN COMPLETED SECONDARY SCHOOL LEAVING CERTIFICATE OR HIGHER SECoNDARY CERTIFICATE OR HIGIIER SECONDARY CERTIFICATES OR EIGHER SECONDARY (MP) CERTIFICATES.

1. No arplication shall be entertained by the Government or any offrcer of the Educirtional Depar0nent for the correction of the entries relating to name, father's name, caste religion etc., in the completed Secondary School Leaving Certificate 5 KL,J W.P. No.35591 of 2022 or Higher Secondary Certificates or Higher Secondary Certificates or Higher Secondary (Multipurpose) Certificates, unless it be for the correction of obviously absurd entries or clerical mistakes committed in the school or office records of the Education Department.

2. The person affected may, howevet, arrar'ge to notify at his or her own cost, any such change of name, father's name caste or religion in the Andhra Pradesh Gazetie and shall keep a copy of the notification in the concerned certificate.

3. No correction need, however, be made in the certificates or the school records as a result of the notification referred to in rule 2 above."

8. Section - B of the Rules relates to the correction of the date of birth, nilme, surname, father's name, caste and religion in School Records other than completed Secondary School Leaving Certificate or Higher secondary (Multipurpose) Certificates. Section - C of the Rules relates to the correction of the entries relating to the niune, surname, father's name etc., in completed Secondary School Leaving Certificate or Higher Secondary Certificate or Higher Secondary Certificates or Higher Secondary (MP) Certificates.

9. It is also relevant to note that the petitioner herein is seeking correction of his nulme and his father's name in the Marks Memo but not in the Secondary School Leaving Certificate.

10. Clause - 5 of Section - B Rules envisages that on receipt of the application with the prescribed documents, the Headmaster shall submit along with the attached documents to the District Educational Officer in Director or Deputy Director of Public Instruction as the case 6 KL,J W.P. No.35591 of2022 may be with reference to Rule I above. The officer competent to pass orders shall dispose 'of the applicant, after making or ordering such enquiry as he considers necessary. I [ . Clause - 6 of the said Section - B Rules envisages that no application for the correction of the date of birth in the school records shall ordinarily be entertained after a period of two years from the date of the first admission to the school, a departure being made only in very excepticnal cases where there is unimpeachable evidence and the delay in preferring the application is satisfactorily explained. l!1. As per Column (b) of Clause (l) of Section -B, application in the case, of students studying in the Lower Secondary Classes, the Regional Deputy Director of Public Instruction concemed or the IGS concernt:d as the case may be is the competent authority.

13. As stated above, respondent No.5 has already forwarded the application of the petitioner herein to respondent No.3 on 20.09.2019. The sai<[ fact is not disputed by the learned Assistant Govemment Pleader lbr Education.

14. Respondent No.3 having received the said letter from respondent No.5 did not act upon the same. Therefore, he has to 7 KLJ W.P. No.35591 of2022 consider the same and pass appropriate orders in accordance with the aforesaid Rules

15. In view of the aforesaid discussion, this Writ Petition is disposed of directing respondent No.3 to consider the letter dated

20.09.2019 submitted by respondent No.5 with regard to the correction of the petitioner's name and his father's name in SSC Marks Memo and pass appropriate orders in accordance with law, more particularly strictly in terms of G.O.Ms.No.l263 of the Education Department, dated

06.05.1961, and communicate copy of the said order to the petitioner herein. Respondent No.3 shall complete the said exercise as expeditiously as possible. However, in the circumstances of the case, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. 22nd Septemberr2022 Mgr K. LAKSHMAN, J