• Father's name correction in SSC certificate

Dear sir,
    I am from vijayawada , andhra pradesh state. My nephew has passed ssc in the year mar 2009. His father actual name venkata sudhakar. But in the certificate the name has written only sudhakar. How to include "venkata" in his father's name in ssc certificate.It is most required to him as he is going to complete B.Tech this year and ready to go abroad.
Asked 1 year ago in Civil Law from Vijayawada, Andhra Pradesh
1) your nephew ought to have made application to school board for correction of name within period of 2 years 

2) application after 2 years are not entertained by school board .

3) you would need court orders to correct nephew name in ssc certifcate
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Rule 69.2 came for interpretation before this court in the case of Pervinder Kumar Vs. Secretary, CB.S.E. Haryana Circle and others, 2008(4) RCR (Civil) 237, wherein in paras 14 and 15 of the judgement, this court made the following observations :

" 14. In the case of Karam Singh Vs. State of Punjab and another (supra) relied upon by the counsel for the appellant, this Court has relied upon three decisions, namely, Jiwan Dass Vs. State of Haryana 1989(2) ILR Punjab and Haryana 110, Hari Parshad Handa Vs. State of Punjab (1985-1)87, PLR 39 and State of Haryana Vs. Chander Singh alias Chander Bhan, 1988(2) PLR 264. In the case of Jiwas Dass Vs. State of Haryana (supra), it was held that even if the period of two years or extended period of six months are not available and there is no remedy left under the administrative law after the stipulated period has expired, legal remedy under the civil law will still be available, because administrative law cannot, in fact, bar the jurisdiction of civil courts. It was further held that even the decisions of administrative authorities allowing or rejecting those requests for alternation in date of birth which may have been made within the stipulated period, too are open to judicial scrutiny when challenged before a Court of competent jurisdiction. It was thus held in the case of Jiwan Dass Vs. State of Haryana and another (supra) that even if a remedy as per the administrative law/rules had become barred by limitation, a legal remedy is available to the aggrieved person under the civil law before a civil court.
15. In the case of Hari Parshad Handa V. The State of Punjab (supra), the Court had held that if there is no allegation of fraud or misrepresentation, the prayer for correction in date of birth should not be declined. In the present case, no fraud or misrepresentation has been projected by the defendant nor anything has been proved against the plaintiff rather the court has held that the date of birth has been wrongly recorded but because of the hindrance of Rule 69.2 of the Examination Bye-law, the suit has been dismissed. In my view, in such like cases as the one in hand, the respondent authority should not be insensitive to such situations, where persons like plaintiff who has lost his father in 1983 and the mother has remained unmarried, thereafter, should be declared to have been born in 1985 due to mistake apparent on the face of record. Since, the defendants have not brought on record anything to impute motive to the plaintiff for correction in the date of birth other than the aforesaid and has also not proved any fraud or misrepresentation, the law cited by the counsel for the appellant in the case of Karam Singh Vs. State of Punjab (supra) is fully applicable to the effect that even if remedy as per law or rules has become barred by limitation, the legal remedy available to the plaintiff under the Civil Law before the Civil Court should have been granted by the Courts below. The judgements relied upon by the Courts below in the case of State of Haryana and others Vs. Sumitra Devi and others, 2004(1) SCT 309: 2004(1) RSJ 552 and Board of Secondary Education of Assam V. Md.Sarfraz Zaman and others, 2004(1) SCT 484: 2004(2) RSJ 274 are on there on facts and such is not the question here because in this case both the courts have found as a matter of fact that the entry of date of birth is wrongly recorded and if the same is allowed to be maintained there, it is socially stigmatic."
Similar law was laid down by this court in Karam Singh Vs. State of Punjab and another, 2006(2)
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. Apply to the concerned Board  immediately for incorporating the said change,

2. if they refuse, file a patition before the local civil court praying for declaration that his father's  name is Venkata Sudhakar  which has not been shown in the certificate by the SSC board and also praying for a direction upon the said board to issue a fresh certificate duly incorporating the said name of his father.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Consult this portal's lawyer's list and/or,

2. Google search your desired lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Rectification is not allowed in the SSC certificate after 2 years. The following rule is relevant.

"Rule 69.2 Change/Correction in Date of Birth -
(i)No change in the date of birth once recorded in the Board's records in respect of those candidates who have appeared for the Secondary/Senior Secondary Examinations conducted by the Board shall be made. However, correction to correct typographical and other errors to make the certificate consistent with the school records can be made, provided that corrections in the school should not have been made after the submission of the application form for admission to examination of the Board.
(ii)Such correction in date of birth as candidate in case of genuine clerical errors will be made under orders of the chairman where it is established to the satisfaction of the Chairman that the wrong entry was made erroneously in the list of the candidates/application form of the candidate for the examination.
(iii)Request for correction in date of birth shall be forwarded by the Head of the School alongwith attested photostat copies of :
(a) application for admission of the candidate to the school.
(b) Portion of the page of admission and withdrawal register where entry in date of birth has been made alongwith attested copy of the Certificate issued by the Municipal Authority, if applicable, as proof of date of birth submitted at the time of seeking admission; and (c ) The School Leaving Certificate of the previous school submitted at the time of admission.
(iv) The application for correction in date of birth duly forwarded by the Head of School alongwith documents mentioned in bye-laws 69.2(iii) shall be entertained by the Board in respect of those candidates who have taken the examinations conducted by the Board only within two years of the date of declaration of result of class X/XII examination, as the case may be. In case of those candidates who have appeared for the examinations conducted by the Board both at Secondary and Senior Secondary levels, the period of two years shall be counted from the date of declaration of result of Secondary School Examination. No correction whatsoever shall be made on application submitted after the said period of two year."

2.  Your should should first issue a legal notice to the SSC Board and school seeking that rectification be carried out. The actual birth certificate issued by Municipal authorities will have to be produced. 

3. He can also move the High Court seeking necessary direction to the above authorities.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0