Meghalaya High Court
Shri Ayub Koch vs . The National Institute Of Open ... on 24 March, 2022
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
Serial No. 11
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 56 of 2020
Date of Decision: 24.03.2022
Shri Ayub Koch Vs. The National Institute of Open Schooling & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. S.A. Sheikh, Adv.
For the Respondent(s) : Ms. R. Borah, Adv. (For R 1 & 2)
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The writ petitioner by way of the instant petition seeks directions to be issued to the respondents to effect corrections of his name, inasmuch as, the petitioner has changed his name from Ayub Mollah Koch to Ayub Koch. Further, it is the case of the petitioner that the name of his Father and Mother were wrongly entered in the educational documents as Debodashi Koch and Abdul Roshid.
2. Mr. S.A. Shiekh, learned counsel for the petitioner submits that what prevented the respondents from correcting is that Para 3.2.2 (b) of the relevant Regulation stipulates that when desired correction is not made Page 1 of 4 within 3(three) years; the said correction can be effected only if it is permitted by a Court of law. He further submits that the petition being bona fide, as such directions be issued to the respondents to effect the said corrections.
3. Ms. R. Borah, learned counsel for the respondent No. 1 & 2 in reply had drawn the attention of this Court to the affidavit filed on their behalf, wherein it is stated that the request for corrections of the names as requested by the petitioner could not be acceded to, as Rule 3.1.2 and 3.2.2 of the NIOS Rules, Regulations and Guidelines for Effective Corrections in Admission Record prescribed that an application for correction in the name of the candidate/father/mother can be considered only within 3(three) years from the date of registration for admission.
4. Having heard the learned counsel for the parties, this Court proposes to dispose of this instant application by directing that the respondents shall consider the case of the petitioner, especially in view of the judgment of the Hon'ble Supreme Court in the case of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) vs. Central Board of Secondary Education and Others reported in (2021) 7 SCC 535. By this instant judgment the Hon'ble Supreme Court had directed the CBSE to process the application for change of name, if the said change is supported by public documents, such as birth certificate, Aadhaar Card EPIC, PAN Card, wherein the correct name of the applicant has been reflected. The relevant paras of the said judgment are reproduced herein below:-
"194. As regards request for "change' of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar Page 2 of 4 card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at the later point of time. That change need not be backed by public documents pertaining to the candidate.
194.1. Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing public notice and publication in the Official Gazette before recording the change in fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).
194.2. However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.
195. In the light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the application for correction or change, as the case may be, in the Page 3 of 4 certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be process on the same lines and in particular the conclusion and directions recorded hitherto in paras 193 and 194, as may be applicable, until the amendment of relevant bye-laws. Additionally, the CBSE shall take immediate steps to amend its relevant bye-laws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it."
5. In the light of the above directions, this writ petition is allowed to the extent as indicated above, and is accordingly disposed of.
JUDGE Meghalaya 24.03.2022 "V. Lyndem-PS"
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