The petitioner challenged the refusal of the NIOS to correct her name in school certificates. The court held that the application was made without undue delay and directed the respondents to consider the correction application within one month upon surrender of originals.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.3036 OF 2020(D)
PETITIONER:
POOJA NAIR AGED 21 YEARS D/O SREEJA, SCT NAGAR, NEAR VILLAGE OFFICE, CHERUVIKKAL,THIRUVANANTHAPURAM, KERALA-695036.
BY ADVS. SRI.K.M.MADHU SMT.VISHNUJA AJAYAN
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCE DEPARTMENT, SHASTRI BHAVAN, NEW DELHI-110001.
2 REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING, A 31,INSTITUTIONAL AREA,NH 24,NOIDA, UTTAR PRADESH,SECT0R-62.
3 ASSISTANT DIRECTOR (ACAD.) AND INCHARGE. NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE,KOCHI,6TH FLOOR,KSHB BUILDING, PANAMPILLY NAGAR,KOCHI-682036.
ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA ADV. SRI.T.K.VENUGOPALAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking the following prayer:
“(i) issue a writ in the nature of mandamus or such other appropriate writ, direction or order directing the 2nd respondent to change petitioner's name as “Pooja Nair” in Exhibit P4 and P5.”
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examination. It is submitted that the petitioner's application was submitted only on 15.05.2019, after she appeared for the examinations and that as such, the same cannot be considered.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
np
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF CERTIFICATE OF SECONDARY SCHOOL EXAMINATION WITH REGISTRATION NO.M114/06744/0120 DATED 19/5/201 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION,DELHI. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF PETITIONER'S AADHAAR CARD NO.589918953301 DATED NIL |
| EXHIBIT P3 | THE TRUE COPY OF STUDENT IDENTITY CARD ISSUED BY R3 DATED NIL |
| EXHIBIT P4 | THE TRUE COPY OF PETITIONER'S MARK LIST WITH ROLL NO.090082163279 DATED 10/7/2017 IN SENIOR SECONDARY SCHOOL EXAMINATION ISSUED BY R2. |
| EXHIBIT P5 | THE TRUE COPY OF CERTIFICATE OF SENIOR SECONDARY EXAMINATION WITH ROLL NO.090082163279 DATED 27/12/2017 ISSUED BY R2. |
| EXHIBIT P6 | THE TRUE COPY OF NOTIFICATION PUBLISHED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING DATED 29/11/2018 WITH REGARDS TO E SERVICES FOR CORRECTION/CHANGES. |
| EXHIBIT P7 | THE TRUE COPY OF THE ONLINE APPLICATION DATED 15/5/2019 SUBMITTED BY PETITIONER BEFORE R2. |
| EXHIBIT P8 | THE ORIGINAL NOTARY ATTESTED ONE AND SAME AFFIDAVIT DATED 28/12/2019 |
| EXHIBIT P9 | THE BIRTH CERTIFICATE OF PETITIONER DATED 24/4/2001 ISSUED FROM THIRUVANANTHAPURAM CORPORATION |
| EXHIBIT P10 | THE ONE AND SAME CERTIFICATE DATED 24/1/2020 ISSUED FROM CHERUVAYKAL VILLAGE OFFICE. |
RESPONDENT'S/S EXHIBITS: EXHIBIT R2(a): TRUE COPY OF RELEVANT PAGES OF THE RULES, REGULATIONS AND GUIDELINES OF NIOS.
1 issue framed by the court
Whether the omission in the petitioner's name in school certificates can be corrected despite the delay in application.
Pooja Nair
Union of India
Regional Director, National Institute of Open Schooling
Assistant Director (Acad.) and Incharge, National Institute of Open Schooling
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
