(Ab) vs The State Of West Bengal & Ors
2022 Latest Caselaw 782 Cal

Court No. 24                     W.P.A. 1612 of 2021
23.02.2022                      (via video conference)
(Item No. 1)
                                  Sumita Debsharma
(AB)                                      VS
                            The State of West Bengal & Ors.

                    Mr. Bhagat Chaudhari
                    Ms. Komal Singh
                    Mr. Somesh Kumar Ghosh
                                        ...... for the petitioner
                    Mr. Ratul Biswas
                                           ......... for the Board
                    Mr. Rabindra Nath Bag
                    Mr. Rohan Raj
                               ...... for the respondent Nos. 4 & 5

The petitioner enrolled herself for obtaining the

D.El.Ed. training from the National Institute of Open

Schooling. The name of the petitioner was initially wrongly

mentioned in the acknowledgement receipt of application

for NIOS D.El.Ed. registration. She thereafter applied

before the concerned authority for rectifying her name as

well as the other details which were wrongly mentioned in

the said acknowledgement receipt. In the said receipt the

category of the petitioner has been mentioned as "OBC".

Necessary corrections were made and communicated to the

Institute.

National Institute of Open Schooling issued the

identity card in favour of the petitioner by incorporating

the proper details. Admit Card was issued in favour of the

petitioner in her correct name but the result which has

been published mentions that she could not clear the said

examination, as she did not fulfill the eligibility criteria of

possessing 50% marks in the class-XII examination.

The specific case of the petitioner is that as she

belongs to the "OBC" category, accordingly, she is not

required to obtain 50% marks in the class-XII examination.

For the candidates belonging to the reserved category, the

cut off marks is 45%.

National Institute of Open Schooling has filed a

report wherein it has been mentioned that the request for

correction will be considered if and only if the candidate

submits her request duly verified by the Principal and

counter singed by the Nodal Officer along with the OBC

category certificate signed by the issuing authority.

The petitioner submits that she is in possession of

a valid OBC certificate in her favour.

In view of the above, the petitioner is granted leave

to apply before the Principal of her College from where she

pursued the D.El.Ed course praying for correction of the

category and for incorporating her proper category i.e. OBC

in the records maintained by NIOS authority.

The Principal shall take all necessary steps for

verifying the application of the petitioner with the

certificate relied upon by her and get the same signed by

the Nodal Officer and forward the same to the NIOS

authority for correcting the category of the petitioner in the

mark sheet.

The NIOS authority upon receipt of the request

from the Principal shall take necessary steps for doing the

needful so that the petitioner receives her result and the

mark sheet of the D.El.Ed examination.

The Principal shall take steps in the matter at the

earliest but positively within a period of four weeks from

the date of receipt of the application made by the petitioner

and forward the same after verifying it with the Nodal

Officer to the NIOS authority.

NIOS shall take steps for correction of the said

mistake, if any, within a period of four weeks thereafter.

The Principal shall also forward the attested copy of

the caste certificate submitted by the petitioner to the

NIOS authority for taking necessary steps.

NIOS shall issue a fresh mark sheet in favour of the

petitioner within the time as specified herein above.

The writ petition stands disposed of.

Urgent certified photo copy of this judgment, if

applied for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Amrita Sinha, J.)