KRISHA DINESHKUMAR PANKHANIYA MINOR THROUGH DINESHKUMAR BABULAL PANKHANIYAversusSTATE OF GUJARAT

   C/SCA/834/2024                              JUDGMENT DATED: 27/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/SPECIAL CIVIL APPLICATION NO. 834 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting               Yes          No
                                               Yes
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        KRISHA DINESHKUMAR PANKHANIYA MINOR THROUGH
               DINESHKUMAR BABULAL PANKHANIYA
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR ABHISHEK R SHARMA(10751) for the Petitioner(s) No. 1
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1
MR AD OZA(515) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2,4
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 27/03/2026

                             JUDGMENT


1. Rule, returnable forthwith. Mr. Aditya Davda, learned
AGP waives service of notice of rule on behalf of
respondent No.1 and Mr. A.D. Oza, learned counsel
waives service of notice of rule on behalf of respondent
No.3. Though, served respondent Nos. 2 and 4 have


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chosen not to remain present before this Court.


2. With consent of the learned counsel appearing for the
respective parties, the matter is taken up for )nal hearing
today.

3. Present petition is )led by the petitioner under Articles
226 and 227 of the Constitution of India r/w the
provisions of Registration of Birth and Death Act, 1969
against the letter/communication dated 17.7.2023 as well
as dated 06.11.2023 issued by respondent No.2, seeking
below mentioned relief/s:-

      "16(A) YOUR LORDSHIPS be pleased to admit and allow
      this petition;

      (B) YOUR LORDSHIPS may be pleased to issue writ of
      mandamus or any other appropriate writ, order or
      direction, quash and setting aside the impugned
      letter/communication dated 17.7.2023 as well as dated
      06.11.2023 issued by Respondent No. 2 authority and
      further be pleased to direct the respondent authorities to
      correct the name of the Petitioner from "Pankhaniya
      Krisha Dineshbhai" (incorrect) to "Pankhaniya to Krisha
      Dineshkumar" (Correct) in the School Leaving certi5cate
      and also be pleased to direct the respondent authority to
      issue corrected School Leaving certi5cate as well as
      Secondary School Certi5cate Examination as well as
      Statement of Marks in the interest of justice; (At
      Annexure A(Colly), B(Colly) and C(Colly).

      (C) YOUR LORDSHIPS may be pleased to direct grant
      such other and further reliefs as may be deemed 5t and
      proper, in the interest of justice and equity;"

4. The facts giving rise to present petition are that the



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   C/SCA/834/2024                                  JUDGMENT DATED: 27/03/2026




Petitioner was born on 13.01.2006 at Porbandar and
initially studied under the Gujarat Secondary and Higher
Secondary Education Board. After passing the 10th
Standard from Respondent No. 3 school, the Petitioner
shifted to a school a8iliated with the Central Board of
Secondary Education. Respondent No. 3 erroneously
issued the Statement of Marks and Secondary School
Certi)cate in the name of the Petitioner as “Pankhaniya
Krisha      Dineshbhai”      instead          of   the    correct        name
“Pankhaniya         Krisha     Dineshkumar”.               Subsequently,
Respondent No. 4 also issued a School Leaving Certi)cate
dated 08.06.2022 re?ecting the same incorrect name due
to a clerical error.

4.1 The correct name of the Petitioner as per the Birth
Certi)cate and Aadhaar Card is “Pankhaniya Krisha
Dineshkumar”, and the name of the Petitioner’s father is
consistently recorded as “Dineshkumar” in all o8icial
documents including Birth Certi)cate, Aadhaar Card,
PAN Card, Election Card, and Passport. The aforesaid
discrepancy has arisen due to an inadvertent mistake on
the part of the school authorities.

4.2 The Petitioner and Respondent No. 4 approached
Respondent No. 2 for correction of the father’s name in
the educational records. However, the application dated
17.07.2023 was rejected on technical grounds citing non-
compliance with Rule 12(A) of the Gujarat Secondary and

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   C/SCA/834/2024                               JUDGMENT DATED: 27/03/2026




Higher Secondary Education Rules, 1974, and further
communication          dated    31.07.2023      also      refused        the
request. Thereafter, the Petitioner’s father executed an
a8idavit before the Executive Magistrate, Porbandar
a8irming the correct name, and a fresh application dated
02.11.2023 was submitted. However, the same came to
be rejected again on 06.11.2023 on the ground that the
application was required to be routed through the school,
despite the Petitioner having already changed the Board
of Education.

4.3 The aforesaid rejection is arbitrary and contrary to
the settled legal position, particularly when the Birth
Certi)cate,         being   a   statutory      document          of     high
evidentiary value, clearly establishes the correct name of
the Petitioner and her father.

4.4 In view of the above facts, the petitioner has
preferred present petition.

5. Heard Mr. Abhishek Sharma, learned counsel for the
petitioner, Mr. Aditya Davda, learned AGP for respondent
No.1 and Mr. Meet Shah, learned counsel for Mr. A.D.
Oza, learned counsel for respondent No.3.

6. Learned counsel for the petitioner has submitted that
the impugned communications dated 17.07.2023 and
06.11.2023 issued by Respondent No. 2 are wholly


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   C/SCA/834/2024                        JUDGMENT DATED: 27/03/2026




arbitrary, illegal, and contrary to the settled principles of
law, and therefore deserve to be quashed and set aside. It
is submitted that the error in the name of the father of
the petitioner is purely clerical and inadvertent in nature.
The Respondent No. 3 initially recorded the name of the
petitioner as “Pankhaniya Krisha Dineshbhai” instead of
“Pankhaniya Krisha Dineshkumar” in the Statement of
Marks and Secondary School Certi)cate, which error was
subsequently carried forward by Respondent No. 4 while
issuing the School Leaving Certi)cate.

6.1 Learned counsel for the petitioner has submitted that
all authentic and statutory documents, including the Birth
Certi)cate, Aadhaar Card, PAN Card, Election Card, and
Passport, consistently re?ect the correct name of the
petitioner and her father as “Dineshkumar.” The Birth
Certi)cate, being a statutory document issued under the
provisions of the Registration of Births and Deaths Act,
1969, carries high evidentiary value and ought to have
been duly considered by the respondent authorities. He
has submitted that despite submission of such cogent
documentary evidence, Respondent No. 2 rejected the
application on hyper-technical grounds by insisting upon
compliance with Rule 12(A)(5) and 12(A)(6) of the Gujarat
Secondary and Higher Secondary Education Rules, 1974,
without appreciating the peculiar facts of the present
case.


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6.2 Learned counsel for the petitioner has submitted that
after passing the 10th Standard, the petitioner changed
her school as well as the Board of Education from the
Gujarat Secondary and Higher Secondary Education
Board to the Central Board of Secondary Education
(CBSE). In such circumstances, the requirement of
routing the application through the school becomes
impractical and impossible to comply with, as there is no
provision under the Rules governing such a situation
involving di8erent educational boards. He has submitted
that the petitioner has nevertheless made bona 5de
e8orts by submitting applications through the school as
well as independently and has also supported her claim
by way of an a8idavit executed before the Executive
Magistrate,           Porbandar.       However,        the       respondent
authorities have failed to consider the same in its proper
perspective.

6.3 Learned counsel for the petitioner has submitted that
the issue involved in the present case is no longer res
integra and is squarely covered by the judgments of this
Hon’ble Court. In the case of Vasudev Prahladbhai vs.
State of Gujarat reported in 2019 (2) GLR 1474, this
Hon’ble Court has held that the Birth Certi)cate is a
document of high evidentiary value and must be relied
upon for correction of entries in school records. Similarly,
in    Muskanben         Shabbirahemad             Mansuri      vs.     Gujarat

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     C/SCA/834/2024                                      JUDGMENT DATED: 27/03/2026




Secondary and Higher Secondary Board (SCA No. 11510
of 2020), this Hon’ble Court directed correction of the
name of the father and date of birth in school records on
the basis of the Birth Certi)cate and other authentic
documents. Further, in Nidhiben w/o Parth Patel vs.
Gujarat Secondary and Higher Secondary Education
Board (SCA No. 16622 of 2023), this Hon’ble Court
exercised             jurisdiction   under           Article     226       of     the
Constitution            of   India     and          granted     relief      without
relegating the petitioner to alternative remedies under
Rule 12A.

6.4 In view of the settled legal position, the insistence of
the respondent authorities on procedural technicalities is
unjusti)ed, especially when the genuineness of the
documents produced by the petitioner is not in dispute.
He has submitted that this Court may be pleased to quash
and set aside the impugned communications dated
17.07.2023 and 06.11.2023 and direct the respondent
authorities to correct the name of the petitioner’s father
from “Dineshbhai” to “Dineshkumar” in the School
Leaving Certi)cate, Statement of Marks, and Secondary
School        Certi)cate,        and      to        issue     fresh      corrected
certi)cates within a stipulated time period, in the interest
of justice.

7.      On the other hand, Mr. Meet Shah, learned counsel
for Mr. Oza, learned counsel for respondent No.3

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   C/SCA/834/2024                                 JUDGMENT DATED: 27/03/2026




vehemently objected present petition.


7.1 Learned counsel for the respondent No.3 has
submitted that the petition is misconceived and liable to
be dismissed as the respondent authorities have acted
strictly in accordance with the Gujarat Secondary and
Higher      Secondary     Education          Rules,     1974.        He    has
submitted that the petitioner has failed to comply with
the mandatory procedure prescribed under Rule 12(A),
particularly the requirement of routing the application
through the concerned school. He has submitted that
such    procedural    compliance            is   essential      to    ensure
authenticity of records and cannot be waived and mere
production of documents like Birth Certi)cate or Aadhaar
Card does not entitle the petitioner to seek correction
dehors the prescribed procedure. He has submitted that
the impugned communications are legal, proper, and
passed      after   due   consideration,          and      therefore           no
interference is warranted under Article 226 of the
Constitution of India.

8. I have perused the materials and relevant documents
available on record. I have also gone through the record
of the petition.

9. Upon consideration of the aforesaid facts, it appears
that the discrepancy in the name of the Petitioner is



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      C/SCA/834/2024                                          JUDGMENT DATED: 27/03/2026




purely clerical and inadvertent in nature, having occurred
at the instance of the concerned school authorities, and
the same cannot be attributed to any fault on the part of
the Petitioner. It is further observed that the Birth
Certi)cate and other government-issued documents such
as Aadhaar Card, PAN Card, Election Card and Passport
consistently           re?ect     the      name         of    the     Petitioner           as
“Pankhaniya                  Krisha            Dineshkumar”,                     thereby
conclusively establishing the correct identity of the
Petitioner. It is also observed that the Petitioner has
acted bona )de and has taken all necessary steps to seek
recti)cation of the error by approaching the competent
authorities with requisite applications and supporting
documents; however, the same have been rejected on
technical grounds without proper appreciation of the
material on record. Such rejection, despite the availability
of cogent and reliable documentary evidence, appears to
be arbitrary and not in consonance with the settled legal
principles governing correction of clerical errors in
educational records. It is further observed that the Birth
Certi)cate,            being     a   statutory               document          of     high
evidentiary            value,    ought        to       have     been       given       due
consideration by the Respondent authorities. In view of
the      above,        it   is   observed          that      the     Petitioner        has
established a genuine and legitimate case for correction
of her name in the educational records, and the impugned
communications rejecting such request deserve to be


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   C/SCA/834/2024                                  JUDGMENT DATED: 27/03/2026




interfered with in the interest of justice.

10. At this stage it is appropriate to refer the decision of
this Court in case of Nitaben Nareshbhai Patel Versus
State Of Gujarat reported in 2008 (1) GLR 884
wherein this Court has after relying upon various
decisions and relevant rules has allowed the petitions and
observed that though the School Leaving Certi)cate
re?ects the incorrect name due to a clerical error, the
same cannot override or prevail over statutory and
primary documents like the Birth Certi)cate and other
government records. It is further observed that the
School Leaving Certi)cate is derived from earlier records
and any mistake therein is capable of being corrected
when supported by authentic evidence. Therefore, the
discrepancy in the School Leaving Certi)cate deserves to
be treated as a recti)able error in light of Section 15 of
the Act of 1969 and Rule 11 of the Rules, 2004. Hence,
the authority is expected to consider such correction in a
pragmatic manner to ensure consistency in o8icial
records.

11. It is also relevant to refer the decision of this Court
in the case of Elizabeth Philip Thomas Versus State
Of Gujarat reported in 2013 (0) GUJHC 9617 wherein
this   Court        has   come    to     the     conclusion       that     that
Regulation 12(A) of the Gujarat Secondary Education
Regulations, 1974 cannot be interpreted in a rigid or


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      C/SCA/834/2024                                JUDGMENT DATED: 27/03/2026




restrictive manner so as to defeat a genuine claim for
correction, particularly when the authenticity of the
supporting documents is not in dispute. The authority is
vested with su8icient power and is under an obligation to
consider such request pragmatically rather than driving
the      petitioner     to   unnecessary         litigation.      Thus,      the
incorrect name recorded in the School Leaving Certi)cate
being a result of a bona )de error, is liable to be
corrected in light of reliable documentary evidence, in
order to ensure that the true identity of the petitioner is
accurately re?ected in all educational records.

12. For the foregoing reasons and in view of the above-
cited decisions, this Court is of the opinion that the
present petition deserves to be allowed and the reliefs
prayed for therein are required to be granted.

13. In view of the above, the present petition is hereby
allowed in terms of paragraph No. 16(B). The impugned
communications dated 17.07.2023 and 06.11.2023 issued
by Respondent No. 2 are hereby quashed and set aside.
Rule is made absolute.

14.      The      concerned     respondent       authority        is    hereby
directed to correct the name of the petitioner from
"Pankhaniya            Krisha    Dineshbhai" to "Pankhaniya
Krisha Dineshkumar" and issue a fresh School Leaving
Certi)cate within a period of six weeks from the date of


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      C/SCA/834/2024                                                               JUDGMENT DATED: 27/03/2026




receipt of a copy of this order. Necessary changes shall
also be carried out in other relevant records, as prayed
for by the petitioner.

                                                                                             Sd/-
                                                                         (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/04/2026 17:03:33




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