Ajmal M vs National Institute Of Open ...
2021 Latest Caselaw 9933 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7046 OF 2021(E)


PETITIONER:

               AJMAL M.,
               AGED 35 YEARS,
               S/O.ABDULLA.M, MARHABA, BEACH ROAD, KOYILANDY P.O,
               KOZHIKODE, KERALA-673 305.

               BY ADV. SMT.ATHIRA A.MENON

RESPONDENTS:

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

      2        REGIONAL CENTRE,
               REPRESENTED BY ITS DIRECTOR,
               NATIONAL INSTITUTE OF OPEN SCHOOLING,
               KERALA STATE HOUSING BOARD BUILDING,
               PANAMPILLY NAGAR, KOCHI-682 036.

               BY ADV. SRI.T.K.VENUGOPALAN, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7046 of 2021(E)
                                       2

                                 JUDGMENT

The petitioner is aggrieved by the

refusal on the part of the respondent to

consider the application for correction of his

name in Ext.P2 certificate.

2. The petitioner appeared in the SSLC

examination in the year 2002. In the

certificate Ext.P1, his name is shown as

'AJMAL.M'. He appeared in the Senior Secondary

Examination under the National Institute of

Open Schooling. In Ext.P2 certificate issued

by it on 21.10.2013, his name was shown as

'AJMAL'. Petitioner points out that in all his

official records including Ext.P3 passport,

Ext.P4 driving license, his name is shown as

'AJMAL.M'.

3. It is thereafter Ext.P7 application

was submitted on 24.05.2017 before the

Secretary of National Institute of Open WP(C).No.7046 of 2021(E)

Schooling, Kochi along with chalan for a sum

of Rs.100/-, but so far there is no response

to his application. The writ petition is filed

under the above circumstances.

4. I heard Sri.T.K.Venugopal, the learned

Standing Counsel appearing for the

respondents, who submitted that the time limit

prescribed for correction in the certificate

is only three years and in the case of the

petitioner, even Ext.P7 application is

submitted much after three years and therefore

petitioner cannot be granted any relief.

5. However, it is seen that the mistake

in entering the petitioner's name in Ext.P2

has been committed by respondents themselves

as it is clear from Ext.P1 certificate, where

his name is shown as 'AJMAL.M'. The petitioner

has to get the certificate corrected for the

purpose of higher studies as well as for

employment purposes. Therefore respondents WP(C).No.7046 of 2021(E)

cannot refuse correction of the mistake they

have committed while entering the name of the

petitioner in Ext.P2.

As it is pointed out that the

application has to be submitted before the 2nd

respondent, the petitioner shall submit a

fresh application before the 2nd respondent

along with a copy of the judgment, within a

period of two weeks, and remit a sum of

Rs.200/- with the 2nd respondent. On receipt

of such application, the 2nd respondent shall

carry out necessary correction in Ext.P2

certificate and issue orders accordingly,

within a further period of three weeks.

              Accordingly,        the     writ      petition       is

    disposed of.                                            Sd/-

                                                        P.V.ASHA
                                                         JUDGE
    ww
 WP(C).No.7046 of 2021(E)





                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           A TRUE COPY OF THE SECONDARY SCHOOL

CERTIFICATE OF THE PETITIONER DATED 10-06- 2002.

EXHIBIT P2 A TRUE COPY OF THE SENIOR SECONDARY SCHOOL CERTIFICATE OF THE PETITIONER DATED 21-10- 2013.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER'S.

EXHIBIT P4 TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER BEARING NO.11/2840/2012.

EXHIBIT P5 TRUE COPY OF VOTERS ID OF THE PETITIONER BEARING NO.FVT 1958859.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY VILLAGE OFFICER, PANTHALAYANI VILLAGE ON 01-03-2021.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 24-05-

2017 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE DEMAND DRAFT NO.819328 DATED 24-05-2017 IN FAVOUR OF THE 2ND RESPONDENT.