WPMS/652/2023
2023 Latest Caselaw 829 UK

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                                 WPMS No. 652 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. N. Bahughna, Advocate holding brief of Mr. K.P. Gaur, learned counsel for the petitioner.

Mr. Shashank Upadhyaya, learned counsel for respondent nos. 2 & 3.

Petitioner passed Secondary School Examination conducted by National Institute of Open School (in short "NIOS") in the year 2019. Petitioner contends that his date of birth, as mentioned in the Secondary School Certificate issued by NIOS, is not correct, which needs to be corrected as "10.12.1999".

In the certificates issued by NIOS, petitioner's date of birth is shown as "10.12.1993".

Learned counsel for the petitioner contends that petitioner has made representation to the Competent Authority in NIOS to correct his date of birth, however, no decision has been taken thereupon.

Mr. Shashank Upadhyaya, learned counsel appearing for NIOS has referred to a judgment rendered by Hon'ble Supreme Court in the case of Jigya Yadav (Miinor) (through guardian/father Hari Singh) vs. C.B.S.E (Central Board of Secondary Education & others, reported in (2021) 7 SCC 535.

Since petitioner's case is covered by the judgment rendered by Hon'ble Supreme Court (referred above), therefore, writ petition is disposed of with liberty to petitioner to make fresh representation to the Competent Authority in NIOS, within three weeks from today. With his application, petitioner shall submit necessary public documents in support of his claim that his actual date of birth is 10.12.1999. If petitioner makes such representation within stipulated time, the Competent Authority in NIOS shall consider petitioner's request and take decision, as per law, within eight weeks from the date of production of such representation. Copy of decision to be taken by the Competent Authority shall be duly communicated to the petitioner.

(Manoj Kumar Tiwari, J.) 27.03.2023 Aswal