If you are stuck in such a situation, here is what to do.

Arjun Sharma, a bright young professional from the bustling city of Vishwapuram, recently faced a perplexing hurdle while applying for a coveted position at TechNova Corp. His Class X and XII certificates from Vidya Bhavan High School, issued years ago, contained a subtle yet significant spelling error in his father’s name. Instead of “Rajesh Verma,” the certificates read “Rakesh Verma.” This seemingly minor discrepancy threatened to derail his application and future prospects, as correcting the original certificates directly was no longer a viable option due to the passage of time and institutional policies.

Advice in such cases 📜

When faced with discrepancies in personal information on official documents, especially educational certificates, an affidavit serves as a crucial legal declaration. It is a sworn statement of facts made by an individual before an authorized officer, such as a Notary Public or an Executive Magistrate, affirming the truth of the contents. In cases where original document corrections are impractical or impossible, an affidavit helps bridge the gap by legally clarifying the discrepancy.

For a spelling mistake in a parent’s name on academic certificates, an affidavit should clearly state:

• The correct name of the parent.
• The incorrect name as it appears on the certificates.
• A declaration that both names refer to the same individual.
• The reason for the discrepancy (e.g., clerical error at the time of issuance).
• A statement that the affidavit is being made to address this discrepancy for all official purposes.

Applicable Sections of Law ⚖️

While this issue primarily falls under administrative law and procedures, the legal validity of an affidavit is derived from specific statutes:

• The Oaths Act, 1969: Governs the administration of oaths and affirmations, ensuring the legal sanctity of statements made under oath.
• The Notaries Act, 1952: Regulates the functions of Notaries Public, including the attestation of documents and administration of oaths.
• The Code of Criminal Procedure, 1973 (now largely replaced by The Bharatiya Nagarik Suraksha Sanhita, 2023 – BNSS): Though not directly applicable to the content of the affidavit itself, Executive Magistrates (who can attest affidavits) derive their powers from this procedural law for various administrative functions, including the administration of oaths and affirmations for affidavits. While the core issue is not criminal, the authority of the attesting officer might stem from these procedural frameworks.
• General Administrative Law Principles: Government departments and institutions typically have internal rules and policies regarding the acceptance of supplementary documents like affidavits to resolve discrepancies.

Regarding the choice between a Notary Public and an Executive Magistrate:

• Notary Public: An affidavit notarized by a Notary Public is generally accepted for many civil and administrative purposes, including college admissions, private sector job applications, and certain passport-related processes. It is quicker and more accessible.
• Executive Magistrate (First Class Magistrate): An affidavit attested by an Executive Magistrate (e.g., District Magistrate, Sub-Divisional Magistrate, Tehsildar) carries a higher degree of official weight due to the Magistrate’s governmental authority. It is often preferred or sometimes mandatory for sensitive government job applications, certain visa categories, or in cases where a higher level of authentication is required by a specific authority.

For critical government applications or international travel documents, it is always advisable to get the affidavit attested by an Executive Magistrate if possible, or at least be prepared to provide one if requested. Always check the specific requirements of the requesting authority (e.g., Passport Seva Kendra, UPSC, university admission cell).

If you are facing such a discrepancy 🚨

If you find yourself in a similar situation as Arjun, here are the steps you should take:

• Gather Supporting Documents: Collect all documents that clearly show the correct name of your father (e.g., Aadhaar card, PAN card, Birth Certificate, other educational certificates, passport, bank passbook, property documents).
• Draft the Affidavit: Consult a legal professional to draft a comprehensive affidavit. It should clearly state the correct and incorrect names, declare that they refer to the same person, and explain the circumstances of the error.
• Choose Attesting Authority: Decide whether to get it notarized by a Notary Public or attested by an Executive Magistrate based on the purpose for which it is needed. For government jobs or passport/visa, an Executive Magistrate is often preferred.
• Sign and Attest: Sign the affidavit in the presence of the Notary Public or Executive Magistrate, who will then attest it with their seal and signature.
• Submit with Applications: Always submit this affidavit along with your certificates and other relevant documents to the concerned authorities.
• Keep Copies: Keep multiple certified copies of the affidavit for future use.

Understanding Your Rights and Recourse 🛡️

While an affidavit is a powerful tool, it’s essential to understand its limitations and your recourse if it’s not accepted:

• Affidavit as Supplementary Proof: An affidavit doesn’t *change* the original document; it merely clarifies a discrepancy. Most government bodies, educational institutions, and passport authorities accept affidavits for minor discrepancies.
• Departmental Discretion: Acceptance can vary based on the specific department’s internal rules and the severity of the discrepancy. Some might require a gazette notification for major name changes, or a court declaration.
• What if it’s Rejected? If an affidavit is rejected, you should first seek clarification from the rejecting authority on their specific requirements. They might ask for additional documents or a different type of legal declaration.
• Legal Recourse: In rare cases where a valid affidavit is arbitrarily rejected and it significantly impacts your rights (e.g., denial of a job or education opportunity), you might consider sending a legal notice. As a last resort, a writ petition in the High Court could be filed, compelling the authority to accept the valid legal declaration, but this is an extreme step and usually not necessary for minor discrepancies.

How the police behave in such cases 🚔

It is important to understand that issues concerning spelling mistakes on educational certificates and their correction through affidavits are purely civil and administrative matters. The police typically have no role or involvement in such cases, as they do not fall under the purview of criminal law or public order offences governed by The Bharatiya Nyaya Sanhita (BNS) or The Bharatiya Nagarik Suraksha Sanhita (BNSS).

Police involvement would only arise if there were allegations of fraud, forgery, or criminal impersonation related to the documents, which is not the case when an individual is genuinely trying to correct an existing error. Therefore, you should not approach the police for assistance with name corrections on certificates.

FAQs people normally have 🤔

• Is an affidavit always sufficient? For minor discrepancies, often yes. For major changes or highly sensitive applications, authorities might require a gazette notification or a court order in addition to or instead of an affidavit.
• How long is an affidavit valid? An affidavit, once properly executed, is a permanent legal declaration of facts. Its validity doesn’t expire, but its acceptance for a specific purpose depends on the requirements of the requesting authority at that time.
• Can I make the affidavit myself? While you can draft it, it’s highly recommended to get it drafted by a legal professional to ensure it covers all necessary points and is legally sound.
• Do I need a new affidavit for every application? No, one properly executed affidavit can be used for multiple purposes. However, you should submit a certified copy, not the original, and keep the original safe.
• What if the school/board refuses to correct? If direct correction is not an option (e.g., school closed, records lost, or strict policies against post-issuance corrections after many years), the affidavit becomes the primary method of addressing the discrepancy.

What evidence is required? 📝

To support your affidavit, you will need to provide documentary evidence that clearly establishes the correct name of your father. This typically includes:

• Your father’s Aadhaar Card
• Your father’s PAN Card
• Your father’s Passport (if available)
• Your Birth Certificate (if father’s name is correctly mentioned)
• Your mother’s official documents (if they correctly mention your father’s name)
• Any other official government-issued ID or document where the name is correctly recorded.
• Your own other educational certificates or documents where your father’s name is correctly spelled (if any).

The more consistent and diverse the supporting documents, the stronger your affidavit will be.

How long will the investigation take? ⏳

There is no “investigation” involved in getting an affidavit for name correction. The process primarily involves:

• Drafting the affidavit: This can take a few hours to a day, depending on your lawyer’s availability.
• Attestation by Notary Public: Usually a quick process, often completed within an hour once the draft is ready and you have the necessary identification.
• Attestation by Executive Magistrate: This might take a few days to a week, as it involves visiting the Magistrate’s office, submitting the application, and waiting for their scheduled time for attestation. The exact time can vary depending on the workload of the Magistrate’s office.

Once you have the attested affidavit, its acceptance by the requesting authority (e.g., university, employer, passport office) will depend on their internal processing times, which are separate from the affidavit creation process.

Advocate Sudhir Rao, Supreme Court of India