Kerala High Court
Juvanal Jude Alias Juvanal D Silva Alias ... vs Department Of Human Resource on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 12070 OF 2024
PETITIONER/S:
JUVANAL JUDE ALIAS JUVANAL D SILVA ALIAS JUVANAL
KURIAN ALIAS JOE KURIAN ,
AGED 32 YEARS
S/O. JUDE DSILVA, 6D , PETUNIA TOWER, EAST
DESOM,KALADY ROAD, ALUVA , ERNAKULAM, PIN - 683102
BY ADVS.
MADHU RADHAKRISHNAN
NELSON JOSEPH
DEEPAK ASHOK KUMAR
RESPONDENT/S:
1 DEPARTMENT OF HUMAN RESOURCE,
REPRESENTED BY ITS SECRETARY , WEST BLOCK, RAMA
KRISHNA PURAM, NEW DELHI, DELHI, PIN - 110066
2 NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS),
A 24/25 , INSTITUTIONAL AREA , SECTOR 62 ,NOIDA,
UTTARPRADESH , REPRESENTED BY ITS REGIONAL
DIRECTOR , 6TH FLOOR , STATE HOUSING BOARD
BUILDING ,PANAMPILLY NAGAR, KOCHI, PIN - 201309
BY ADVS.
V.Devan
SONIYA.M(K/348/2003)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.12070/2024
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JUDGMENT
The petitioner has approached this Court seeking the following reliefs;
"(i) Issue a writ of mandamus directing the 2nd respondent to correct the date of birth of the petitioner from 2/6/1993 to 2/6/1991 in Exhibit P3, P4, P5 certificates.
(ii) Pass such other writ order or direction as this Hon'ble Court may deem fit and proper.
(iii) Award the costs of the Writ Petition"
2. The petitioner alleges that in the National Institute of Open Schooling (for short 'NIOS') records, his date of birth is erroneously recorded as "02.06.1993" instead of "02.06.1991". For correcting the said mistake in Exts.P3 to P5 certificates issued by the NIOS, though the petitioner approached the second respondent with supporting documents, the request was declined. Therefore, the petitioner approached this Court for a direction to the second respondent to effect correction of date of birth.
3. I have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing WP(C) No.12070/2024 ..3..
for the respondents.
4. The learned DSGI points out that the petitioner has approached this Court after 15 years of passing the examination. It is also submitted that the name of the petitioner is also incorrect in the NIOS records.
5. Having heard the learned counsel for the petitioner and the learned DSGI, I am of the opinion that it would be only appropriate that the petitioner approaches the second respondent - NIOS, represented by its Regional Director - with a proper application along with all requisite documents.
Therefore, the writ petition is disposed of, as follows;
a) The petitioner shall approach the second respondent with a proper application along with all requisite documents within a period of two weeks from the date of receipt of a certified copy of this judgment.
b) On receipt of application as above, the second respondent shall consider the same and issue appropriate orders thereon in accordance with law. In case any clarification is required by the respondents, the WP(C) No.12070/2024 ..4..
petitioner shall be put on notice.
c) Final orders shall be passed by the second respondent within a period of two weeks from the date of filing of application by the petitioner, as directed above.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE bka/-
WP(C) No.12070/2024
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APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE BISHOP VAYALIL MEDICAL CENTRE, MOOLAMATTOM DATED 3/10/2023 EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED ON 9/2/2024 BY ARAKULAM GRAMA PANCHAYATH EXHIBIT P3 TRUE COPY OF THE FINAL CERTIFICATE DATED 2/3/2009 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE MIGRATION CERTIFICATE DATED 12/6/2008 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE MARK STATEMENT DATED 12/6/2008 ISSUED BY THE 2ND RESPONDENT