AYUB ALI IBRAHIM ALI SAIYEDversusSDMES BOYS ENGLISH MEDIUM SCHOOL
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is allowed and the school is directed to correct the petitioner’s name in its records.
Summary
The petitioner, Ayub Ali Ibrahim Ali Saiyed, filed a petition under Article 226 of the Constitution seeking a writ of mandamus to compel SDMES Boys English Medium School to correct a typographical error in the school records where his name was shown as "AIYUB" instead of "AYUB". The petitioner had obtained a corrected birth certificate but the school refused to amend its records despite his application. Both parties consented to the hearing and the court examined the facts and relevant precedents. The court found that the error constituted a legitimate grievance warranting judicial intervention. Consequently, the court allowed the petition and directed the school to correct the name in its records.
Issues considered
- Whether a writ of mandamus can be issued under Article 226 to direct a school to correct a typographical error in the name of a parent in its records.
Legislation cited
- Constitution of Indias. Article 226
Subjects
Judgment
C/SCA/1282/2026 ORDER DATED: 29/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1282 of 2026
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AYUB ALI IBRAHIM ALI SAIYED
Versus
SDMES BOYS ENGLISH MEDIUM SCHOOL & ANR.
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Appearance:
MS. A. N. RAMNANI (14156) for the Petitioner(s) No. 1
MR MUHAMMADMAAZ M PANAGAR(13088) for the Respondent No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 2
SAHIL Y PATEL(8985) for the Respondent(s) No. 1
TAHIR M KHAN(8984) for the Respondent(s) No. 1
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 29/04/2026
ORAL ORDER
1. RULE. Learned counsel waives service of notice of rule on behalf
of respondent No.1 and learned Assistant Government Pleader waives
service of notice of rule on behalf of respondent No.2.
2. With the consent of learned counsel for both the sides, the
present petition is taken up for hearing and disposal.
3. Present petition is filed by the petitioner under Article 226 of
the Constitution of India seeking the following reliefs:-
(A) Your Lordship will be pleased to admit this petition.
(B) Your Lordship will be pleased to allow this petition by issuing a
writ of mandamus or any other appropriate writ in the form of
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C/SCA/1282/2026 ORDER DATED: 29/04/2026
order or directions and be pleased to direct the respondent
authorities to correct the typographical error which is reflected
in the name of the petitioner as a father of minor son HAMZA
and direct the respondent authorities to correct the spelling of
name of the petitioner as “AYUB” which is incorrectly shown as
“AIYUB” in the school records of the respondent No.1
authority.
(C) Be pleased to grant any other and further relief as may be
deemed just, fit and proper, looking to the facts of the case.
4. Short facts of the present petition are that the petitioner having
son named Hamza, who is studying in Standard 6 with respondent
NO.1 – school and it has come to the knowledge of the petitioner that
his name in the school record and Birth Certificate of his son is shown
as “AIYUB” instead of “AYUB”, for which the fresh birth certificate with
correction in the name of the petitioner as “AYUB” was issued by the
Registrar, Birth and Death, however, in the school record, his name
was shown as AIYUB.
4.1 The petitioner had made an application for correction his name
in the school records, but the same has returned back to the
petitioner by the respondent – authority.
5. Being aggrieved and dissatisfied with the in action on the part
of the respondent – authority, the present petition is filed.
6. Having heard learned counsel appearing for both the sides and
considered the averments made in the petition and considered the
various decisions of this Court, it appears that there is a spelling
mistake in the name of the petitioner in the school record of his son
and, therefore, he made an application for correction, but the same
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C/SCA/1282/2026 ORDER DATED: 29/04/2026
was not done and thereafter, he approached respondent No.2 but no
action has been taken and therefore the petitioner has preferred this
petition. Considering the facts of the case and various decisions of
this Court, the petition deserves to be allowed.
7. In view of the aforesaid facts and circumstances of the case, the
petition is allowed. The respondent No.1 is directed to make
appropriate correction in the school records of the son of the
petitioner. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/04/2026 17:14:29
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