Allowed

Muhammed Hussain M., v. the National Institute of Open Schooling

Kerala HC4 Jan 2022WP(C)/30694/2021

Case brief

AI extract

What is this about?

Petitioner sought correction of erroneous entries in his NIOS 10th grade certificate. Single Bench directed Respondents to consider the application on remitting Rs.5,000 costs and ruling within one month, relying on a 2016 Division Bench decision allowing belated corrections upon cost payment.

What did the court decide?

Direction to respondents to consider Ext.P6 application for certificate correction on petitioner remitting Rs.5,000 cost within 10 days and passing orders within one month thereafter.

Muhammed Hussain M., Vs the National Institute of… — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943

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WP(C) NO. 30694 OF 2021

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PETITIONER/S:

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MUHAMMED HUSSAIN M., AGED 28 YEARS S/O. NAZEER HUSSAIN.M., MECHERIMYALIL (H), ADOOPARAMBU, MARADY, MUVATTUPUZHA, P.O., ERNAKULAM, KERALA 686 661.

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BY ADVS. BALAMURALI K.P. MUHAMMED NIYAS K.H. KRISHNAA GOKUL T.S. RENIL IQUBAL K. SARICA A.R. SHAJI T.M.

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RESPONDENT/S:

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1 THE NATIONAL INSTITUTE OF OPEN SCHOOLING , A-24/25, INSTITUTIONAL AREA, SECTOR- 62, NOIDA DISTRICT GOUTHAM BUDH NAGAR, UTTAR PRADESH 201 309, REPRESENTED BY ITS CHAIRMAN.

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2 THE REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE, KOCHI, 6TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI, KERALA 682 036.

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BY ADV V.K.VENUGOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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wp(c) No.30694 of 2021

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JUDGMENT

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The petitioner completed his Secondary School Examination (10^th grade) from the National Institute of Open Schooling (NIOS) in the year 2012. However, in Ext.P3 mark list, Ext.P4 provisional certificate and Ext.P4(a) migration cum transfer certificate, issued by the 1^st respondent, the name of the petitioner, father's name, mother's name and the date of birth is wrongly entered. Though the petitioner submitted Exts.P5 representation, by Ext.P5(a) reply, the petitioner was asked to make an online application for correction. The petitioner submits that, the online facility is available only in respect of the mark list issued within three years of completion of the course. The petitioner again preferred Ext.P6 application for correction of entries in the certificate. The same was rejected by Ext.P7 stating that NIOS's Rules do not permit correction of certificates after three years from the date of admission to the course. The Division Bench of this Court Subin

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Mohammed S. v. Union of India and Others (2016 (1) KLT

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340) has in the case of correction of certificates issued by CBSE held that the students whose names or other particulars are

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wp(c) No.30694 of 2021

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incorrectly entered in the certificates issued by the Boards conducting examinations should not be left without a remedy and that even belated applications are liable to be considered in case costs are paid by the students. Following the said decision, a Single Bench of this Court by Ext.P8 judgment has directed the respondents to consider the application for correction of the entries in the certificate of the petitioner therein, a student of NIOS on payment of a cost of Rs.5,000/-. Accordingly there will be direction to the respondents to consider Ext.P6 application on the petitioner remitting a cost of Rs.5,000/- within a period of 10 days from today. This is in addition to the payment made by way of Ext.P6(a). Orders shall be passed by the respondents on the said application within one month thereafter. Any further documents required by respondents for correction of certificates shall be furnished by the petitioner and the said period can be excluded from the period of one month referred to above.

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This writ petition is disposed of with the above directions.

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Sd/-

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MURALIPURUSHOTHAMAN

JUDGE

rpk

wp(c) No.30694 of 2021

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APPENDIX OF WP(C) 30694/2021

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PETITIO	NER EXHIB	ITS
Exhibit	P1	TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED FROM THE REGISTRAR OF BIRTH AND DEATH, MUVATTUPUZHA DATED 07/02/2017.
Exhibit	P2	TRUE COPY OF THE AADHAR CARD OF THE PETITIONER.
Exhibit	P3	TRUE COPY OF THE MARKS STATEMENT OF THE PETITIONER DATED 14/12/2012 ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING.
Exhibit	P4	TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 14/12/ ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING.
Exhibit	P4 (A)	TRUE COPY OF THE MIGRATION CUM TRANSFER CERTIFICATE DATED 14/12/2012 ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING.
Exhibit	P5	TRUE COPY OF THE REPRESENTATION DATED 23/09/2021 SUBMITTED BY THE PETITIONER TO THE REGIONAL DIRECTOR OF NATIONAL INSTITUTE OF OPEN SCHOOLING.
Exhibit	P5 (A)	TRUE COPY OF THE REPLY TO THE PETITIONER FROM THE REGIONAL DIRECTOR OF NATIONAL INSTITUTE OF OPEN SCHOOLING, DATED 08/10/2021.
Exhibit	P6	TRUE COPY OF THE APPLICATION FOR CORRECTION PREFERRED BY THE PETITIONER TO NATIONAL INSTITUTE OF OPEN SCHOOLING.
Exhibit	P6 (A)	TRUE COPY OF THE DEMAND DRAFT APPLIED BY THE PETITIONER IN FAVOR OF NATIONAL INSTITUTE OF OPEN SCHOOLING, COCHIN DATED 24/11/2021.
Exhibit	P7	TRUE COPY OF THE ACKNOWLEDGEMENT OF RETURN OF APPLICATION ISSUED BY NATIONAL INSTITUTE OF OPEN SCHOOLING DATED 02/12/2021.

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wp(c) No.30694 of 2021

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Exhibit P8 TRUE COPY OF THE ORDER DATED 28/11/20218 IN WPC 36943 OF 2018 OF HONBLE HIGH COURT OF KERALA.

Muhammed Hussain M., v. the National Institute of Open Schooling

Case brief

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Muhammed Hussain M., v. the National Institute of Open Schooling

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