Sreelal vs Union Of India
2021 Latest Caselaw 4641 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.921 OF 2021(M)


PETITIONER/S:

      1         SREELAL
                AGED 16 YEARS
                (MINOR), REPRESENTED BY FATHER MOHANLAL D.,
                EETTIMOOTTIL, MANEERA THANNITHODE, PATHANAMTHITTA
                DISTRICT, PIN - 689 699.

      2         ANUPRIYA ANIL
                AGED 15 YEARS
                (MINOR) REPRESENTED BY FATHER ANIL KUMAR, MAKKANNAM,
                THANNITHODE, PATHANAMTHITTA DISTRICT, PIN - 689 669.

      3         NEERAJ B.
                AGED 16 YEARS
                (MINOR), REPRESENTED BY FATHER BINIL KUMAR E.P.,
                NEDIYAKALAYIL, K.K.PARA, THANNITHODE, PATHANAMTHITTA
                DISTRICT, PIN - 689 669.

                BY ADV. SRI.I.SREEHARI

RESPONDENT/S:

      1         UNION OF INDIA
                REPRESENTED BY SECRETARY, MINISTRY OF EDUCATION, H R
                D SHASTRI BHAWAN, DELHI - 110 001.

      2         THE CHAIRMAN, NATIONAL INSTITUTE OF OPEN SCHOOLING A-
                24/25
                INSTITUTIONAL AREA, SECTOR-62, NOIDA DISTT., GAUTAM
                BUDH NAGAR, UTTAR PRADESH - 201 309.

      3         NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS)
                REPRESENTED BY ITS REGIONAL DIRECTOR, 6TH FLOOR,
                KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY
                NAGAR, KOCHI - 682 036.

                R1-3 BY ADV. VISHNU J., CGC

                T.K. VENUGOPALAN SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.921 OF 2021

                                       2




                              JUDGMENT

Dated this the 9th day of February 2021

Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondents.

2. It is submitted by the learned counsel for the

petitioners that the petitioners had registered for the Class X

examinations conducted by the 3rd respondent. But there were

mistakes in the date of birth as entered by the petitioners. It is

stated that the date of birth of the petitioners have been

subsequently corrected in accordance with the birth certificates

and evidence of the corrected date of birth has also been made

available online. However, it is stated that though the

examinations are being conducted only in April 2020-21, the

petitioners are not being allotted enrollment numbers to enable

them to submit projects and undertake practicals preparatory to

the examinations.

3. It is submitted by the learned Standing Counsel WP(C).No.921 OF 2021

appearing for the examinations that since the petitioners had

been given ample time to register themselves for the

examinations and since the registration is erroneous, they cannot

now be permitted to re-register for the examinations or to write

the examinations being conducted in April 2020-21. It is

submitted that the Enrollment Numbers have not been issued to

the petitioners since their corrected registrations were attempted

belatedly.

4. Having considered the contentions advanced, I am of

the opinion that the ground that the petitioners have entered

their date of birth incorrectly in the registration should not be

taken up by the respondents to deny them an opportunity to

participate in the examinations being conducted in April 2020-21.

Evidently, it is because the entire process is to be done online,

that some mistake has occurred on the part of the petitioners in

recording their date of birth in the registrations. The petitioners

have produced proof of their actual date of birth and have sought

for effecting the corrections also well in time.

5. In the above view of the matter, I am of the opinion WP(C).No.921 OF 2021

that the request made by the petitioners for a correction in the

registrations and to permit them to participate in the

examinations being conducted in April 2020-21 is liable to be

allowed. This is more so in view of the fact that the National

Open Schooling system is intended to favour those children who

are unable to compete with their peers for one reason or another

and is not intended to stand on technicalities, to deny them the

chance to attempt an examination they would otherwise be

entitled to take.

In the above view of the matter, there will be a direction to

the respondents to grant the petitioners the benefit of the

corrections made in their registration and to issue them

Enrollment Numbers and hall tickets for attempting the

examination to be conducted in April 2020-21. The needful shall

be done by the respondents for issuing the Enrollment Numbers

without delay, at any rate, within three weeks from date of

receipt of a copy of this judgment. Once the Enrollment Numbers

are assigned to the petitioners, their assignments shall also be

accepted and further steps for issuing hall tickets shall also be WP(C).No.921 OF 2021

taken without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.921 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPLICATION WITH REFERENCE NO.619200349.

EXHIBIT P2 TRUE COPY OF APPLICATION WITH REFERENCE NO.619200354.

EXHIBIT P3 TRUE COPY OF APPLICATION WITH REFERENCE NO.619200350.

EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE OF 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE BIRTH CERTIFICATE OF 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE AADHAR CARD OF 3RD PETITIONER.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE PROSPECTUS.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 07/01/2021.

EXHIBIT P9 TRUE COPY OF DATE SHEET FOR SECONDARY AND SENIOR SECONDARY EXAM.