whatsappicon

Change of Religion in School Certificates Permitted After Conversion: Kerala HC

The Court said if a person changes their religion, their records must be updated accordingly

Owner's Profile

Staff Writer, TLR

Published on July 26, 2024, 14:11:16

163

news, dubai, tlr, legal, uae, thelawreporters, kerala, keralahighcourt, religionchange, schoolcertificate, india

The Kerala High Court has recently ruled that requests to amend a person's religion in academic records should not be denied simply due to the lack of specific legal provisions for such changes.

Justice VG Arun stated that necessary amendments must be made in records following a change of religion.

"Even if it is accepted that there is no provision enabling the change of religion in school certificates, that does not justify binding a person to one religion merely due to their birth.

The freedom to practice and profess any religion of one’s choice is guaranteed by Article 25(1) of the Constitution. If a person embraces another religion by exercising that freedom, necessary corrections must be made in their records," the Court declared.

The petitioners, who were born to Hindu parents and practised Hinduism themselves, converted to Christianity in May 2017. Following their baptism, they sought to amend their school certificates to reflect their new religion.

However, their request was denied by the Controller of Examinations, who cited the absence of a specific provision for such changes in school certificates.

The petitioners contested this decision in Court, arguing that despite the lack of a specific provision, the High Court has ample power under Article 226 of the Constitution of India.

The Government Pleader opposed the plea, relying on certain Government Orders to support his argument. The Court rejected the government's opposition and referred to an earlier ruling in a case with similar facts.

"As correctly noted in Ext.P10 judgment, refusing to carry out the correction will adversely affect the applicants' future. Moreover, such a rigid approach contradicts the Constitutional guarantee," it stated.

The Court thus overturned the Controller of Examination’s order and directed the authority to amend the petitioners' school certificates within a month.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

Comments

    whatsappicon