Rakeshkumar Saileshbhai Surani vs Gujarat Secondary And Higher Secondary Education Board & Ors.

Hemant M. Prachchhak, J

Rule returnable forthwith. Ms. Yashvi Shah, learned counsel appearing on behalf of Mr. A.D. Oza, waives service of notice of Rule for and on behalf of the respondent No.1 and Mr. Angesh Panchal learned Assistant Government Pleader, waives service of notice of Rule for and on behalf of the respondent No.2.

With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing today.

By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Regulation 12(A) (6) of the Gujarat Secondary Education Regulations, 1974, petitioner has prayed for the following reliefs :

"(A) Your Lordships, be pleased to admit and allow this Application under the facts and circumstances of the case and in the interest of justice. And,

(B) Your Lordships, be pleased to pass appropriate writ/order/direction to respondents, in particular respondent No.4, to carryout necessary correction in School Leaving Certificate/Records of Petitioner and issue fresh School Leaving Certificate showing correct sub-cast/Cast as "HINDU-BHAT" to the petitioner.

Or in Alternative,

(B.1) Your Lordships, be pleased to allow the petitioner to file necessary application along with all the relevant documents before the concerned Judicial Magistrate First Class, VERAVAL in GIR SOMNATH District or in Vadodara City and upon receiving such application, the concerned Judicial Magistrate First Class shall make a detailed inquiry to ascertain the correct sub-cast/ cast of the petitioner and shall issue certificate accordingly as early as possible and preferably within one month from the date of the application. And,

(B.2) Your Lordships, be pleased to pass appropriate writ/order/direction to respondents to mandatorily carryout necessary correction in School Leaving Certificate/ Records of Petitioner in production to then the certificate issued by concerned learned Judicial Magistrate First Class and issue fresh School Leaving Certificate to the petitioner.

(C) Your Lordships, be pleased to pass such other and further order/direction or relief as may be deemed necessary by this Hon'ble Court of Justice in the facts and circumstances of the case to do Complete Justice."

It is the case of the petitioner that, the petitioner belongs to 'Bhat' community but, due to oversight, while issuing School Leaving Certificate, the respondent No.3 - Principal, Kodinar Kumar Shala No.1, Kodinar, wrote sub-caste / caste of the petitioner as 'Hindu-Kanojiya Brahman' instead of 'Hindu-Bhat', however, the same was corrected and amended by the school authorities and marked foot note of amendment on certificate and recorded original sub-caste / caste of the petitioner as 'Hindu-Bhat' in School Leaving Certificate issued on 15.06.1987 on the ground "Due to change of place". It is further the case of the petitioner that. Successively, the petitioner had taken admission in Maniben Kalyanji Kotak High School - respondent No.4 herein on 17.07.1993 and the School Leaving Certificate was issued by the respondent No.4 on 26.10.1998 on the ground "Going for 12th Science Exam", however, while issuing School Leaving Certificate, the said respondent No.4 wrote sub-caste / caste of the petitioner as 'Hindu-Kanojiya Brahman' instead of original sub-caste / caste of the petitioner as 'Hindu-Bhat'. That, in the month of June, 2025, oral representation was made by the petitioner to the respondent No.4 for issuance of School Leaving Certificate with correct factual details, however, the respondent No.4 informed to the petitioner that, as per directions of the District Education Officer, the school authority was not empowered to make any changes in the School Leaving Certificate once the student has passed 12th Board Examination.

Being aggrieved and dissatisfied with the inaction on the part of the respondent authority, the petitioner has preferred this petition.

Heard Mr. Mehul Pandya, learned counsel appearing on behalf of the petitioner, Ms. Yashvi Shah, learned counsel appearing on behalf of Mr. A.D. Oza, learned counsel for the respondent No.1 and Mr. Angesh Panchal, learned Assistant Government Pleader, appearing on behalf of the respondent No.2.

Learned counsel Mr. Pandya, in support of his case, has referred and relied upon the decision of the Co-ordinate Bench of this Court in case of Ishwarbhai Raghunathbhai Patel vs. The Principal in Special Civil Application No. 188 of 2025, wherein, in similar set of facts, the concerned school was directed to carry out the exercise of making necessary correction in the School Leaving Certificate of the petitioner therein, on the basis of the documents which the petitioner therein was directed to produce. He has also referred and relied upon the decision of the Co-ordinate Bench of this Court in case of Seva Vipulbhai Thummar vs. District Education Officer, Surat & Ors. in Special Civil Application No. 1322 of 2026 decided on same lines.

7.1 Learned counsel Mr. Pandya has submitted that, despite the fact that the petitioner had approached the respondent No.4 -Principal, Maniben Kalyanji Kotak High School, Veraval, Gir-Somnath for the aforesaid purpose, but, the respondent No.4 did not make such a correction in the School Leaving Certificate of the petitioner and therefore, the petitioner was constrained to prefer this petition. Over and above the grounds agitated in the memo of petition, learned counsel Mr. Pandya has urged that the present petition be allowed and the respondent No.4 be directed to carry out necessary correction in School Leaving Certificate of the petitioner and issue fresh School Leaving Certificate to the petitioner showing correct sub-caste / caste.

I have heard the learned counsel appearing for the respective parties and perused the material placed on record. Considering the submissions canvassed by the learned counsel for the petitioner and considering the fact that the respondent No.3 had corrected and amended the School Leaving Certificate and marked foot note of amendment on certificate and recorded original sub-caste / caste of the petitioner as 'Hindu-Bhat', the respondent No.4 ought to have corrected the sub-caste / caste of the petitioner and issued fresh School Leaving Certificate to the petitioner showing he sub-caste / caste of the petitioner as 'Hindu-Bhat'. Considering all these aspects, I am of the opinion that the present petition is required to be allowed.

In the result, the present petition is allowed. The respondent No.4 - Principal, Maniben Kalyanji Kotak High School, Veraval, Gir-Somnath is hereby directed to carry out necessary correction in School Leaving Certificate of the petitioner and issue a fresh School Leaving Certificate to the petitioner showing correct sub-caste / caste as 'HINDU-BHAT'. Rule is made absolute. There shall be no order as to costs.