CHIRAGKUMAR RASIKLAL VAIDYA Vs. STATE OF GUJARAT
LAWS(GJH)-2008-4-72
HIGH COURT OF GUJARAT
Decided on April 23,2008

CHIRAGKUMAR RASIKLAL VAIDYA Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)THE short facts of the case appears to be that the petitioner was the student in a School namely Rungta Vidya Bhavan, Bharuch and in the School Leaving Certificate, his name was shown as Bhatt Chiragkumar Jayantilal. It appears that on 15. 5. 1990, the petitioner was adopted by Rasiklal Nanalal Vaidya, after undergoing the procedure and the deed of adoption came to be executed and registered on 22. 2. 2000 as for the proof of adoption. It also appears that there was gazette publication on 23. 5. 2002 in the Gazette of Government of Gujarat, Part-II. The ration card also came to be issued by the local officer of the Government on the name of Vaidya Chiragkumar Rasiklal. The passport is also issued on the name of Vaidya Chiragkumar Rasiklal. The petitioner had also preferred Regular Civil Suit No. 43 of 2002 for declaration of the Civil Court based on his rights, which accrued as per adoption dated 15. 5. 1990. In the said suit upon the consent, the decree also has been passed by the Civil Court. The petitioner was desirous to get the change entered in the School record namely; School Leaving Certificate, but as was not done by the School Authority, the present petition.
(2.)I have heard Mr. Joshi, learned Counsel for the petitioner and Ms. Patel, learned AGP for respondents No. 1 and 2. Respondent No. 3 School is served, but nobody has appeared on their behalf.
(3.)AS per the petitioner, in view of the lawful adoption, his correct name is required to be shown as 'chiragkumar Rasiklal Vaidya' instead of 'bhatt Chiragkumar Jayantilal' and the grievance of the petitioner is that the School Authority declined to make change in the School Leaving Certificate in view of the Regulations framed by the Gujarat Secondary Education Board.


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