Petitioner sought correction of name spelling errors in examination result after missing the statutory deadline. Court allowed application for correction within three weeks via the Regional Centre with leniency due to pandemic circumstances.
Petitioner directed to submit application for name correction within three weeks for consideration by the Regional Centre.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 9625 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943
WP(C) NO. 9625 OF 2021
PETITIONER/S:
ARAVIND.A AGED 20 YEARS S/O. S. ARUN KUMAR, SENIOR SECONDARY COURSE STUDENT, NATIONAL INSTITUTE OF OPEN SCHOOLING, VATTAVILAKAM HOUSE, TCR/3240-OPPOSITE ARCH, BISHOP HOUSE, PATTOM PO, KERALA-695004.
BY ADVS. E.ADITHYAN SMT.MEERA RAMESH SMT.BHAIRAVI S.N SRI.J.HARIKRISHNA SRI.THEJAN RAJ SHRI.ASHWIN BALACHANDRAN
RESPONDENT/S:
THROUGH THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA, NEW DELHI.
3 NATIONAL INSTITUTE OF OPEN SCHOOLING REGIONAL CENTER, REPRESENTED BY ITS REGIONAL DIRECTOR, 6 KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI, KERALA-682036.
OTHER PRESENT:
ASGI SMT.RASHMI K.M., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No.9625 of 2021
Dated this the 15th day of September, 2021
JUDGMENT
The petitioner is a final year student of the Senior Secondary Course conducted by the National Institute of Open Schooling, which is an autonomous institution under the Ministry of Human Resource Development, Government of India affiliated to the Central Board of Secondary Education (CBSE). The petitioner registered for the said course on 27.7.2017. It is submitted that the institute had by notification dated 15.11.2019 notified the public examination for the Senior Secondary Course scheduled to be conducted during March-April, 2020. According to the petitioner, he had registered for April-March, 2020 Senior Secondary Public Examination of National Institute of Open Schooling scheduled to start on 7.4.2020. Meanwhile, the Covid-19 pandemic gripped the entire country and the examinations were postponed by the institute vide notification No. 11/2020 dated 19.3.2020. Subsequently, the Government of Kerala ordered an all Kerala lock down in the wake of Covid-19
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pandemic and thereafter, on 24.3.2020, the Government of India declared a nationwide lock down.
received by the petitioner, the petitioner noticed the names of the petitioner and his mother, with incorrect spelling. It is submitted by the petitioner that he approached the Regional Centre of the respondent and tried to correct the spelling. Then, the petitioner was informed that the same cannot be corrected by the Regional Centre and the same can be done only through online. It is the case of the petitioner that he was not able to access the online site. It is submitted that the petitioner tried to make application for correction through online and could not succeed as the web portal to make online corrections was not even open.
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application for correction. In this situation, this writ petition is
filed with following prayers :
(i) To issue a writ of certiorari, any other writ, order or direction to call for records leading to Ext. P2 and to set aside the same.
(ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to issue fresh results of the Senior Secondary Examination to the petitioner showing his name as "ARAVIND A " instead of ARAVIND and his mothers name as "GNANAMBIKA PS, instead of GANAMBIKA P.S”.
(iii) To issue an appropriate writ, order or direction declaring that the Petitioner is entitled to correct his name as "ARAVIND A " instead of ARAVIND and his mothers name as "GNANAMBIKA PS, instead of GANAMBIKA P.S".
iv) Issue a writ of Certiorari or any other appropriate writ order or direction quashing and setting aside Section 3.1.2(1) of Exhibit p3 Guidelines to the extent it states that "Application for correction in the name of the candidate/father/mother will be considered only within three years from the date of registration for admission but prior to appearing in the first examination”. v) To grant such other relief which this Hon'ble Court may deem fit under these circumstances.”
“3.1 CORRECTION IN LEARNER'S NAME/FATHER /MOTHER/GUARDIAN AFTER ADMISSION: DOCUMENTS REQUIRED AND PRESCRIBED FEE.
3.1.1 Correction in the name means correction of spelling errors, factual errors in Candidate's name/surname, Father's name and Mother's name to make it consistent with actual records. 3.1.2 Procedure.
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(ii) Application should be submitted alongwith following documents to the concerned Regional Centre of NIOS. (Items: a – m).”
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correction. In such circumstances, according to me, this is a matter to be considered by the 3rd respondent, with some leniency.
Therefore, this writ petition is disposed in the following manner :
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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APPENDIX OF WP(C) 9625/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 29TH DAY OF NOVEMBER 2019 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE RESULT OF THE PETITIONER FOR SENIOR SECONDARY EXAMINATION. EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE RULES, REGULATIONS AND GUIDELINES OF THE NATIONAL INSTITUTE OF OPEN SCHOOLING. EXHIBIT P4 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.
2 issues framed by the court
Whether the petitioner can be allowed an extension to apply for correction in learner name due to pandemic.
What relief to be granted to the petitioner regarding correction of spelling errors in name.
1 provisions across 1 enactments
Aravind.A
Union of India
National Institute of Open Schooling
National Institute of Open Schooling Regional Center
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
