One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with a critical issue affecting his employment prospects. His degree certificate contained his name in both English and his regional language on the same document. While the English version displayed his complete name correctly, the regional language section had his surname missing. This discrepancy was causing problems during background verification processes for job applications. Multiple employers were rejecting his applications due to this name mismatch, even though it was clearly a printing error by the educational institution. Mr. X was concerned whether a name affidavit would legally resolve this issue and be accepted by employers and their verification agencies. The situation was causing significant financial and emotional distress as he was unable to secure employment despite having proper qualifications.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Contact the issuing university or educational board immediately to request a corrected certificate. Most institutions have established procedures for rectifying such clerical errors. Prepare a comprehensive name affidavit on stamp paper explaining the discrepancy and establishing that both names refer to the same person. Gather supporting documents like Aadhaar card, PAN card, and passport that show your correct name consistently.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 336 deals with forgery of documents, while Section 338 covers using forged documents as genuine. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 299 allows for affidavits as supporting evidence. Section 61 of the Indian Evidence Act, 1872 remains applicable for proving the contents of documents. These provisions ensure that genuine discrepancies can be legally established through proper documentation and affidavits, protecting individuals from false accusations while maintaining document integrity standards.

If You Are the Complainant

• File a formal complaint with the educational institution’s registrar office requesting immediate correction of the certificate
• Submit all supporting identity documents that establish your correct name consistently across multiple government-issued documents
• Prepare a detailed written explanation of how the error occurred and when it was first discovered
• Request expedited processing due to employment requirements and provide documentation of pending job offers
• Consider legal notice to the institution if they refuse to correct obvious clerical errors within reasonable timeframes

If You Are the Victim

• Gather all educational documents from the same institution to check for consistent naming patterns across certificates
• Create a chronological timeline showing when and where you used each version of your name
• Obtain character certificates from teachers, principals, or academic supervisors who can vouch for your identity
• Collect employment records, bank statements, and other official documents that establish your identity continuity
• Document any financial losses incurred due to employment rejections caused by this name discrepancy issue

How the Police Behave in Such Cases

Police typically treat name discrepancy cases as civil matters rather than criminal offenses unless fraud is suspected. They may require extensive documentation proving the discrepancy is genuine and not intentional deception. Officers often recommend approaching educational institutions first for administrative correction. If criminal charges are filed by employers, police will investigate the intent behind the discrepancy and examine supporting evidence carefully before proceeding with formal charges.

FAQs People Normally Have

Q: Will employers accept name affidavits for background verification?
A: Most reputable employers accept properly notarized name affidavits along with supporting documents when the discrepancy is minor and explainable.

Q: How long does educational institution correction take?
A: Typically 15-30 days for simple corrections, but can extend to 2-3 months during peak admission periods.

Q: Can background verification agencies reject applications for name discrepancies?
A: Yes, but they must provide reasonable opportunity to explain and provide supporting documentation before final rejection.

What Evidence Is Required?

• Original degree certificate showing the name discrepancy clearly
• Government-issued identity documents (Aadhaar, PAN, Passport) with consistent naming
• School leaving certificates and mark sheets from the same educational institution
• Notarized name affidavit on appropriate stamp paper explaining the discrepancy
• Bank statements and employment records showing name usage history
• Character certificates from educational institution faculty or staff
• Correspondence with the educational institution regarding the correction request

How Long Will the Investigation Take?

Background verification investigations typically conclude within 7-15 days once all supporting documents are provided. Educational institution corrections may take 15-45 days depending on their administrative processes. If legal proceedings become necessary, resolution can extend to 3-6 months. Employers usually provide 30-day windows for candidates to resolve documentation discrepancies before making final hiring decisions.

Advocate Sudhir Rao, Supreme Court of India