Aarti Kumari @ Arti Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8634 of 2021 ====================================================== Aarti Kumari @ Arti Kumari ... ... Petitioner/s

Versus

The Union of India ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra, Adv.

For the NIOS :

Ms. Punam Kumari Singh, Adv.

Mr. Kumar Sachin (C.G.C.) U.O.I.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 01-09-2022 Both the counsels are agree that the necessary correction in the D.El.Ed. Certificates issued by the NIOS of passing the D.El.Ed examination can be made, in view of the law laid down by the Apex Court in Jigya Yadav Vs. Central Board of Secondary Education and Ors. (2021) 7 SCC 535. Learned counsel for the petitioner has informed that a Notification No. 23/22 dated 6th July, 2022 has been issued by the National Institute of Open Schooling, whereby in view of the judgment (supra) it has been notified that change in name of the candidate can be made without any time constraint and so far as correction of name of the parent as well as the date of birth can be made within 10 years from the date of registration for admission.

Learned counsel submits that all the applicants come within the same time frame, and therefore, they are entitled for getting their respective corrections made in the certificates/

Patna High Court CWJC No.8634 of 2021(2) dt.01-09-2022 2/2 marksheets.

Learned counsel appearing for the NIOS submits that the corrections can only be made if the application filed by the concerned applicant is made along with the original certificates already issued to the said applicant, so that there may not be any duplicacy of the certificates being available with any candidate. Learned counsel for the petitioner does not object to such a proposal and submits that the original certificate shall be filed along with revised application for correction. This court deems it appropriate to direct that if such an application for seeking correction of name of the applicant/ mother/ father/ date of birth or for any other correction, is made along with the original certificate to the NIOS within a period of one month from today, the NIOS shall after examining such application and conducting scrutiny, make corrections within a period of two months thereafter and issue the fresh certificates to the concerned applicant.

With the aforesaid directions, writ petition is allowed. (Sanjeev Prakash Sharma, J) amit/sachin Item No.23 U