3 days ago
Commissioner of examinations can make changes to the caste and religion entries of students in SSLC book, rules Kerala high court
Kochi: High court has held that the commissioner of examinations has the authority to make changes to the caste and religion entries of students in their SSLC books under Rule 3(1), Chapter VI of the Kerala Education Rules (KER), 1959.
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Justice D K Singh issued the ruling while allowing a petition filed by Sudhin Krishna C S of Palakkad, who sought a directive to the concerned authorities to change his name and religion in his SSLC book. The petitioner, born to a Muslim father and a Hindu mother, was originally named Mohammed Riyazudeen C S. After attaining majority, he chose not to follow Islam and began practising the Hindu religion, having been raised by his mother in accordance with Hindu tenets.
He subsequently applied to the district educational officer seeking changes to his name and religion in the SSLC book, supported by relevant documents, including a certificate from the Arya Samajam, Kozhikode.
However, the authorities rejected his request, citing an absence of provisions under the KER, 1959, for altering religious identity in the SSLC book. This led the petitioner to approach the high court. The govt pleader opposed the plea, arguing that no authority had been notified under Rule 3(1), Chapter VI of the KER to effect changes in the caste or religion columns, and that the commissioner of examinations was only authorised to alter the date of birth.
The court, however, underscored that the petitioner has a fundamental right to practise a religion of his choice. If a person changes their religion voluntarily and without coercion, fraud, or undue influence, such an act is protected under the Preamble to the Constitution and Article 25, the court noted. Upon examining Rule 3(1), Chapter VI of the KER — titled 'Alteration of Date of Birth etc.' — the court observed that the scope of the rule is not limited to date of birth alone; it also allows for other changes, including religion and caste, to be effected by a competent authority.
Accordingly, the court directed the authorities to carry out the changes as requested by the petitioner with respect to his name and religion in the SSLC book.
