Sved Madiha Maqsood v. 1. The State Of Telangana

Petition unrer ri3ction 151 cpc praying that in the cir:urrrstar ces stated in the affidavit fired i- s;u roort of the petition, the High court nray br: rreased direct the Respondent t:r olr.ect the petitioner's date of birth as 2o-02-1g,)4 instead of 20-02-1993 by crns,1:ring the correct date of birth certiricale issued by the Municipal corpor:rl'or ;f Hyderabad, vide Book No.34,- sl. No.ti 2, G )vernment of A.P., Department of hrlrrrricipal Corporation pending the disposal offl_e above Writ Petition. Counsel for the Petitioner: SRI NUSRATH SHAHEZADI Counsel for the Respo.rdents: Gp FOR SCHOOL EDUCATICTN The Court made the foilowing: ORDER 7 THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIO N No. 17144 of 2016 ORDER: None appears for the petitioner. Heard learned Assistant Government Pleader for School Education appearing for respondents.

2. This Writ Petition is filed to declare the action of 2nd respondent in not considering the request made by the petitioner for correction of date of birth in the S'S'C Memo as illegal. According to the petitioner her actual date of birth is

20.02.1994, in the S.S.C Marks Memo it is mentioned as

20.02.1993. U

3. To show that her correct date of birth is 20'02'1994, she has filed School Certificate dated21.10.2015 issued by Rosy High School, Certificate of Birth issued under Section l2ll7 of the Registration of Births and Deaths Act, 1969 issued by Registrar of Births and Deaths, Greater Hyderabad Municipal Corporation. 2 KL, J !\'I'N..l7llJ of2016

4. F',:rLt ;tl rtf the record rvould show that in the leiter dated 2l .l0.t1l' issued by Rosy High School, the dare or. birth of mistakr: :,,rrmitted in S.S.C Marks memo and alsr, request made try rl-r petitioner, vide letter dated 2j lo.?:.0i4. Head Master of Il,rsy High School requested respcnclent No.2 to correct tlre I ate of birth of the petitioner.

5. [r rh': Cerlificate of Birth issued by Oor,.crnnLent, the date of r.11 ir ()f the petitioner is mentioned as 2' .O'.1.1 994. But, in the Ii.S l- Marks Memo and extract of SclLoo u\r mission norninal r',rllr erc, her date of birth is mentioned as 20.1t2.1993. She [ras tt .ubmitted any representation to the 2,,,1 r.esponclent by enclosrl I copies of the said certificates with a re,luest to comect ;rr:r r iite of birlh in the S.S.C Marks lu{erno. She is only relyinr-: rtn the letter dated 27.10.2015 isrsued by Rosy High Sr:honl with a request to correct the date ( f birth mentionr:d il tlte S.S.C Marks Memo. 3 KL, J W P-No.17144 of2016

6. It is relevant to note that the Hon'ble Supreme Court has dealt with the issue of change of name in the certificates, in Jigya Yadav v. Central Board of Secondary Educationr' paragraph 194 ofwhich, reads as under: "As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records' Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc., and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time That change need not be backed by public documents pertaining to the candidate."

1. It is also relevantto note thatvires of Rules 1,2 and 3 of Section-C of G.O.Ms.N0.1263 dated 06'05'1961 were under challenge in Writ Petition No.22023 of 2023' The said Writ Petition came up for hearing before the Division Bench of this Court on 25.10.2024, on which date, learned Special Government Pleader appearing for respondent Nos'l and 2 therein placed reliance on the principle laid down by the '1zoztl r scc sls / I I I ; I J 4 KI, J s ! \ .1714: of20l6 Hon'brr: .(,rr:rreme Court in Jigya yadav (suprit) ancl submitted that th: [3rard of Secondary Education shall issue oorrected certificate tc, petitioner therein within a per.iocl of two (2) weeks. ( c, rsidering the said submission madt: bv th,: leamed Special (ir n t:mment Pleader, vide order dated 25 10..)024, the Division Et,tich of this Court disposed of the said S/ri petition by keeping )Dcn to agitate the issue with regarri ln thr validity of vires o{'lltrles 1, 2 and 3 of Section - C of C.Cr NIs.No.1263 dated 0,i , () 'i . I 9(r I , in an appropriate proceeding

8. T:,111111 the petitioner has stated in the u.iit afhcavit that she has ap:l uached 2nd respondent with a request tc change her datl 0l bir-th from 20.02.1993 to 20.C2.1g94 in the educatic,r;r :,,-rtificates, she has not filed proc,f trl slow that she has nrarlt:such request. She has to submit a repr.es,lntation along utrh the copies of the said certificates to resltondent No.2 wi.r a re'quest to correct her date of birth in S.ll.C Marks Memo atri rs;r,re fresh marks memo.

9. In rhe I ght of the above, this Writ petition is drsposed of granting Libr:rtv to petitioner to submit a repres,lntatiorL to the 5 IiL. J w P.No 17144 of20t6 2nd respondent along with copy of aforesaid judgment in Jigya Yadav (supra), order dated 25.10.2024 in W'P'No'22023 of 2023, letter dated 27.10.2015 of Rosy High School, Copy of Certificate of Birth issued by Greater Hyderabad Municipal Corporation and on receipt of the said representation, 2nd respondent shall consider the same and dispose of within (04) weeks thereafter. For any reason, if 2'd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass order, communicate copy of the said order to the petitioner. There shall be no order as to costs' Miscellaneous applications, if any pending, shall stand closed. SD/. s M OSMAN ALI BAIG i-5rnnr REGISTRAR //TRUE COPY// To, The Principal Secretary' School Education Departm ?tlJB3:'%fl il, E[X?!"3i3"*nd ary Ed ucation' chi 1 2 SECTION OFFICER ecretariat, The State ,S AI I Lane, Abids' lH1"st,t:s!$[:i3.l,:"#EE?,3i"i:r,'*'ai3;i"?1,." - 6. Two CD CoPies at HYderabad toufl TJ LS ctlp State of Telangana' HIGH C:OI.JRT DATED:18i0312025 o ( q t. ORDER WP.No.'t71,+4 of 2016 i i .a' =:.- lj- 4I o^ z $ ,l[' 2025 ) a o1 -,..- \- -. --l .-.- .j- ':'--1 DISPOSINGNOF THE WRIT PETITION WITHOUT COSTS @uf,sw