Fawaz Ashraf Ali K.N vs The Regional Director
2021 Latest Caselaw 23745 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                      WP(C) NO. 20841 OF 2021
PETITIONER:

            FAWAZ ASHRAF ALI K.N.,
            AGED 27 YEARS
            S/O. ASHRAF ALI K.N., KURUVETTINHALILE, GREEN PARK
            ROAD, PATTAMBI P.O., PALAKKAD DISTRICT.

            BY ADV K.RAKESH

RESPONDENT:

            THE REGIONAL DIRECTOR
            NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS),
            MINISTRY OF EDUCATION, GOVERNMENT OF INDIA,
            REGIONAL CENTRE, 6TH FLOOR, KSHB BUILDING,
            PANAMPILLY NAGAR, ERNAKULAM DISTRICT., PIN-682036

            BY ADV C.DINESH


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   30.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20841/2021

                                      2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.20841 of 2021
               ----------------------------------------------
            Dated this the 30th day of November, 2021


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondent to correct the name of the petitioner in Exhibit P3 as 'Fawaz Ashraf Ali K N'. ii. Declare that the refusal of the respondent to correct the name of the petitioner on technical reason is untenable and illegal. iii. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The grievance of the petitioner is that his name is

wrongly mentioned in Ext.P3 provisional certificate as 'Fawas

Ashraf Ali KN' instead of 'Fawaz Ashraf Ali K N'. Moreover, it

is also submitted that the petitioner's father's name is also

wrongly mentioned as 'Ashraf Ali' instead of 'Ashraf Ali K N'.

The petitioner approached the respondent for correcting the

same, but the same is denied as per Ext.P4. W.P.(C).No.20841/2021

4. Heard the counsel for the petitioner and the

Government Pleader.

5. The counsel for the petitioner reiterated his

contentions in the writ petition. In the similar circumstances,

this Court, after considering the relevant rules, allowed the

same as per judgment in W.P.(C). No.9625 of 2021 dated

15.09.2021. I think a similar order can be passed in this case

also.

Therefore, this writ petition is disposed in the following

manner:

1. The petitioner is free to submit an application

for correction of his name and his parents'

name with adequate supporting documents

with prescribed fee, within three weeks from

the date of receipt of a copy of this judgment.

2. Once such an application is received by the

respondent, the respondent will consider the

same and pass appropriate orders in it, in the

light of the observation in the judgment dated

15.09.2021 in W.P(C). No.9625 of 2021.

3. If any additional documents are necessary, the W.P.(C).No.20841/2021

respondent is free to send letters to the

petitioner and the petitioner will produce the

same also before the respondent.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20841/2021

APPENDIX OF WP(C) 20841/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ALL INDIA SECONDARY SCHOOL EXAMINATION CERTIFICATE OF THE PETITIONER ISSUED BY THE CONTROLLER OF EXAMINATIONS, CBSE DATED, 28.5.2010. Exhibit P2 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA, GOVERNMENT OF INDIA.

Exhibit P3 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE DIRECTOR (EVALUATION), NATIONAL INSTITUTE OF OPEN SCHOOLING, THE NAME OF THE PETITIONER DATED, 4.6.2013.

Exhibit P4 TRUE COPY OF THE REQUEST SENT BY THE PETITIONER ON 13.9.2021 VIA E-MAIL TO THE RESPONDENT AND THE REPLY RECEIVED FROM THE RESPONDENT.