Manish Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.301 of 2019 ====================================================== Manish Kumar Son of Suraj Mahto Resident of Village-Barhetta,P.O. Laheriyasarai,P.S. Bahadurpur,Distt.-Darbhanga ... ... Petitioner/s

Versus

1.

The Union of India 2.

The Director Evaluation,National Institute of Open Schooling formerly known as National open Scho 3.

The Director,National Institute of Open Schooling Regional Office,Lalit Bhawan,Bailey Road,Patna,Bih 4.

The Secretary,National Institute of Open Schooling,Regional Office,Lalit Bhawan,Bailey Road,Patna,B 5.

The Controller of Exam. National Institute of Open Schooling,Regional Office,Lalit Bhawan,Bailey Ro ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anup Kumar For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. Learned counsel for the petitioner submits that contrary to the record of the college, name of father of the petitioner has been shown as Suraj Kumar instead of Suraj Mahto in the certificate issued by the National Institute of Open Schooling.

Dr. Punam Kumari Singh, learned counsel appearing on behalf of the respondents submits that petitioner has

Patna High Court CWJC No.301 of 2019(2) dt.18-10-2019 2/3 approached this Court after six long years and it is difficult for the National Institute of Open Schooling to make any correction on the basis of claim made by the petitioner as all the records of the Institute of Open Schooling with regard to candidate appeared through National Institute of Open Schooling are preserved for limited period and destroyed after three years. Considering the fact that corresponding records are now not available with National Institute of Open Schooling hence any kind of correction in the name of father of the petitioner is only possible on verification of record of Gandhi Inter College, Nawada where from the petitioner appeared.

Considering the aforesaid, the Court grants liberty to the petitioner to approach the Gandhi Inter College, Nawada for appropriate certification of the name of the father of the petitioner and in the event of certification done by the Gandhi Inter College, Nawada as to name of the father of the petitioner the National Institute of Open Schooling will take appropriate corrective measure by correcting name of the father of the petitioner provided there is certification.

Necessary decision after recommendation by the Gandhi Inter College, Nawada as to certification of name of the father of the petitioner shall be carried out by the National

Patna High Court CWJC No.301 of 2019(2) dt.18-10-2019 3/3 Institute of Open Schooling.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U