Latest News

High Court says Error in Surname does not imply Impersonation or False Information


➡️ Click here to join our Whatsapp Group

The Chhattisgarh High Court made an observation regarding errors in surnames in certificates issued by competent authorities. The court stated that such errors do not indicate impersonation or the furnishing of false information. This observation was made in a case where the Age Determination Committee refused to consider certificates produced by the petitioner, Arjun Lal, due to different surnames.

The court emphasized that the mere mentioning or non-mentioning of a surname in a certificate does not imply impersonation or the provision of false information. It held that the purpose of document verification is to ensure that there is no impersonation or submission of incorrect documents, and the alleged mismatch in the petitioner’s surname does not warrant rejection of his candidature.

Background of the Case

Arjun Lal, the petitioner, was employed by South Eastern Coalfields Ltd. in 1984. He requested a correction of his date of birth, which he claimed was recorded incorrectly. However, his request did not yield any result. In 2013, he filed a writ petition with the High Court, which directed the examination of his case in accordance with II No. of 76.

The petitioner then approached the Age Determination Committee, which issued an order and corrigendum that were challenged in this petition.

Court’s Analysis of the Case

The court referred to clauses (B) and (C) of II No.76, which state that the determination of an employee’s date of birth should be based on matriculation or higher secondary certificates issued by recognized universities or boards, provided they were issued before the date of employment. The court noted that the petitioner had submitted his Higher Secondary School Certificate Examination, 1978, which was issued before his appointment in South Eastern Coalfields Ltd. in 1984.

However, the court observed that the Age Determination Committee had disregarded the certificate on the grounds that it mentioned the petitioner’s name as ‘Arjun Lal Kurre,’ while the official record only showed ‘Arjun Lal.’ The committee also noted that one name was shown as ‘Arjun Lal Suryavanshi’ and another as ‘Arjun Lal Kurre.’ The court stated that the committee should have inquired into the mismatch of names and not disregarded the certificate without proper investigation.

Court’s Decision and Rationale

The court held that the alleged mismatch in the petitioner’s surname does not constitute a discrepancy or the provision of false information. It emphasized that the alleged mismatch is not an error that could lead to the rejection of the petitioner’s candidature, especially since there is no indication that the documents are forged or procured. The court relied on a previous decision by the Supreme Court, which stated that an employee should not be denied their rights due to a change in date of birth if they have followed the prescribed procedure.

Based on these considerations, the court set aside the order and corrigendum issued by the Age Determination Committee and allowed the petitioner’s petition.

Conclusion

In summary, the Chhattisgarh High Court observed that errors in surnames in certificates issued by competent authorities do not indicate impersonation or the provision of false information. The court emphasized that document verification aims to prevent impersonation and the submission of incorrect documents. The court set aside the order and corrigendum issued by the Age Determination Committee and allowed the petitioner’s petition.

Leave a Reply

Your email address will not be published. Required fields are marked *