Allahabad High Court
MOHAMMAD HAMZAversusCHAIRMAN NATIONAL INSTITUTE OF OPEN SCHOOLING AND 2 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The court held that the petitioner must file a fresh representation for name correction, and the respondents must decide it within one month of filing, after hearing the petitioner.
Summary
The petitioner, Mohammad Hamza, filed a writ petition seeking correction of his name and his father's name in educational records maintained by the National Institute of Open Schooling. He alleged that the records erroneously listed his name as "Mohammad Humza" and his father's name as "Gayasuddin" instead of "Gayasuddin Khan", and that his prior representations to the respondents were ignored. The court examined the petition and noted that the discrepancies were purely clerical. It directed the petitioner to file a fresh representation for correction, complying with the prescribed procedure, within one month. The respondents were ordered to consider and decide the representation expeditiously, within one month of filing, and to afford the petitioner a hearing. The court also allowed condonation of any delay beyond the statutory period if the representation is filed within the stipulated time.
Issues considered
- Whether the High Court can direct the correction of a petitioner's name and father's name in educational records under a writ petition
- Whether the respondents must be compelled to consider and decide the petitioner's representation within a specified time frame
Subjects
- name correction
- educational records
- clerical error
- writ petition
- procedural compliance
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32539 of 2026
Mohammad Hamza
.....Petitioner(s)
Versus
Chairman National Institute Of Open Schooling And
2 Others .....Respondent(s)
Counsel for Petitioner(s) : Avinash Kumar, Ram Asre
Counsel for Respondent(s) :
Court No. - 38
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State, and perused the record.
2. The present petition has been preferred seeking a direction to the
respondents to correct the name of the petitioner from "Mohammad Humza"
to "Mohammad Hamza", and also to correct the name of his father, which
has been wrongly entered in the educational documents as "Gayasuddin" in
place of "Gayasuddin Khan".
3. Learned counsel for the petitioner submits that the aforesaid discrepancy
in the spelling of the petitioner's name, as well as the incomplete recording
of his father's name, is purely clerical in nature and has occurred
inadvertently at the time of preparation of the educational records. It is
further submitted that the petitioner has already submitted representations
before the respondent authorities in this regard, but the same have neither
been considered nor decided till date, thereby compelling the petitioner to
approach this Court.
4. In view of the facts and circumstances stated above, the present petition is
disposed of with liberty to the petitioner to file a fresh representation before
the respondents, after complying with the requisite procedure prescribed for
correction of name/father's name in the educational records, within a period
of one month from today.
5. In case such representation is filed within the aforesaid period of one
month, the respondents shall consider and decide the same expeditiously,
WRIC No. 32539 of 2026
2
and in any case within a period of one month from the date of filing thereof,
after affording an opportunity of hearing to the petitioner, in accordance with
law.
6. It is further provided that if any delay has occasioned in filing the
representation beyond the statutory period prescribed therefor, the same shall
stand condoned, provided the representation of the petitioner for correction
of name is filed within one month from today, after complying with the
requisite procedural formalities.
September 18, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
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