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High Court of KeralaSingle JudgeWrit petitions disposed of; writ petitions dism...

WP(C) Nos. 28811/2021, 28817/2021, 28820/2021 and 28921/2021 – Fayaz M Salih; Muhiyadeen Munsheer; Mohammad Muzamil; Ahmed Kabeer Rifayi B.S. v. Director, National Institute of Open Schooling and others

Case / Petition Number:WP(C) Nos. 28811/2021; 28817/2021; 28820/2021; 28921/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • The Honourable Mr. Justice Amit Rawal
Judgment Date
2022-01-12
Court Decision / Holding
Writ petitions dismissed. The court held that the petitioners’ requests for correction in the mark lists and related documents are not maintainable through writ, given the factual and evidentiary gaps, and the appropriate remedy is a civil suit wherein detailed evidence can be adduced to obtain a decree for correction.
Final Disposition
Writ petitions disposed of; writ petitions dismissed and remanded to civil remedy with directions to pursue civil suits for correction with detailed evidence; no relief in writ petition.

Parties to the Case

Appellants / Petitioners

  • Fayaz M Salih; Muhiyadeen Munsheer; Mohammad Muzamil; Ahmed Kabeer Rifayi B.S.

Respondents

  • 1 The Director, National Institute of Open Schooling; 2 Deputy Director and Regional Director, National Institute of Open Schooling, Kochi

Legal Representation & Advocates

Counsels for Petitioners

  • • Pushparajan Kodoth
  • • K. Jayesh Mohankumar
  • • Vandana Menon
  • • Vimal Vijay

Counsels for Respondents

  • • Sri T K Venugopalan

Case Synopsis & Summary

This judgment disposes of four writ petitions filed in the Kerala High Court seeking correction of a student’s name in SSLC mark sheets, migration/transfer certificates, and related documents so that the name matches that shown in the birth certificate. The petitions contend that the birth certificates contain the correct name and right parentage, whereas the mark lists and migration certificates incorrectly reflect the name, causing practical difficulties in admission, job, and further studies. The petitioners rely on documentary evidence such as Aadhaar cards and school leaving certificates to support the correction, and they invoke the ratio of the Supreme Court in Jigya Yadav v. C.B.S.E. (cited as 2021 (3) KLT 711 (SC)) to argue that limitations should not bar relief where the delay was not intentional and the petitioners were not in control due to immaturity. The court, after hearing counsel and reviewing the exhibits, notes that the relevant marks lists date from 2018–2020 and that the petitioners did not make timely representations to the authorities. Ultimately, the judge holds that the writ petitions are not maintainable in the given facts and directs that the petitioners pursue civil suits with detailed evidence to obtain appropriate decrees for correction. The matter cites the Jigya Yadav decision as persuasive authority.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek correction of their names in SSLC marks lists, migration certificates, and related documents to reflect the name as shown in their birth certificates. They rely on documentary evidence (birth certificates, Aadhaar, and school leaving certificates) and argue that the discrepancy has arisen due to administrative errors. They rely on the principle laid down in Jigya Yadav v. C.B.S.E. (SC) to contend that a hard 3-year limitation should not bar relief where delay was not intentional and petitioners lacked maturity to act in time; they contend the remedy is to correct records rather than contend an unjust bar. They also emphasize that the birth name matches the birth certificate, and that the correction is essential for upholding the petitioner’s identity in academic and official records.

Contentions of Respondents

The Respondents oppose the writ petitions, arguing that the applicable limitation period would ordinarily apply as the relevant marks lists and certificates are from 2018–2020. They point out that essential particulars (e.g., Aadhaar details of parents) have not been provided and contend that the remedy lies elsewhere (i.e., civil suit) with detailed evidence. They contend that the writ petition is not maintainable without proper representations and documentary support, and that correction cannot be ordered without a formal judicial decree after the full evidentiary process.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Jigya Yadav v. C.B.S.E.[2021] 3 KLT 711 (SC)PositiveThe court relies on the Jigya Yadav decision to support its view that limitations may not bar relief where delay was not intentional and the petitioners lacked maturity; this ratio informs the court’s reasoning on maintainability and the need for a civil suit in this context.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` WEDNESDAY, THE 12[TH] DAY OF JANUARY 2022 / 22ND POUSHA, 1943 ``` ## **`WP(C) NO. 28811 OF 2021`** ## **`PETITIONER:`** ``` FAYAS M SALIH AGED 19 YEARS S/O.MUHAMMED Z., B.K.HOUSE, BANNATHAN KADAVU, P.O.MOGRAL, MOGRAL, KASARAGOD 671 321 ``` ``` BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON(K/153/2007) VIMAL VIJAY ``` ## **`RESPONDENTS:`** - `1 THE DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING A - 24/25, INSTITUTIONAL AREA, SECTOR-62, NOIDA, DIST. GOUTAM BUDH NAGAR, UP - 201 309` ``` 2DEPUTY DIRECTOR AND REGIONAL DIRECTOR NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE- KOCHI, 6TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI 682 036 ``` ``` SRI T K VENUGOPALAN ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WP(C).28817/2021, 28820/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` WEDNESDAY, THE 12[TH] DAY OF JANUARY 2022 / 22ND POUSHA, 1943 ``` ## **`WP(C) NO. 28817 OF 2021`** ## **`PETITIONER:`** ``` MUHIYADDEEN MUNSHEER AGED 20 YEARS S/O.MOHAMMAD KUNHI M.A., C/O.MUHAMMAD KUNHI M.A., RAHMANIYA MANZIL, BAYAR ROAD, MANNAMKUZHI, UPPALA, KASARAGOD, KERALA 671 322 ``` ``` BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY ``` ## **`RESPONDENTS:`** - `1 THE DIRECTOR, NATIONAL INSTITUTE OF OPEN OPEN SCHOOLING` ``` A - 24/25, INSTITUTIONAL AREA, SECTOR-62, NOIDA, DIST. GOUTAM BUDH NAGAR, UP - 201 309 ``` ``` 2DEPUTY DIRECTOR AND REGIONAL DIRECTOR NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE- KOCHI, 6TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI 682 036 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WP(C).28811/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 12[TH] DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 28820 OF 2021`** ## **`PETITIONER:`** ``` MOHAMMAD MUZAMIL AGED 19 YEARS S/O.K.H.SHAREEF, 19/89A63B1, AYISHA MANZIL, K.S.RAO NAGAR, POST KOLNAD, MULKI VILLAGE, MANGALORE, DAKSHINA KANNADA 574 154 ``` ``` BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY ``` ## **`RESPONDENTS:`** ``` 1THE DIRECTOR NATIONAL INSTITUTE OF OPEN SCHOOLING, A - 24/25, INSTITUTIONAL AREA, SECTOR-62, NOIDA, DIST. GOUTAM BUDH NAGAR, UP - 201 309 ``` ``` 2DEPUTY DIRECTOR AND REGIONAL DIRECTOR NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE- KOCHI, 6TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI 682 036 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WP(C).28811/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 4 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` WEDNESDAY, THE 12[TH] DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 28921 OF 2021 ``` ## **`PETITIONER:`** ``` AHMED KABEER RIFAYI B.S AGED 19 YEARS S/O.SIDDIQUE.B.A NEAR BUS STOP PERAL, KUMBALA VIA, P.O.MOGRAL, KASARAGOD, KERALA-671321. ``` ``` BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY ``` ## **`RESPONDENTS:`** ``` 1THE DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING, A-24/25,INSTITUTIONAL AREA, SECTOR-62, NOIDA, DIST.GOUTAM BUDH NAGAR, UP-201 309. ``` ``` 2DEPUTY DIRECTOR & REGIONAL DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING, REGIONAL CENTRE-KOCHI, 6TH FLOOR, KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI-682036. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WP(C).28811/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 5 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **JUDGMENT** [WP(C) Nos.28811/2021, 28817/2021, 28820/2021, 28921/2021] This order of mine shall dispose of four writ petitions preferred by different petitioners with a common prayer of correcting the name in the mark list of SSLC, plus one mark list and plus two mark list and migration-cum-transfer certificate on the premise that in the birth certificate the name of the petitioners, father’s name and mother’s name was correctly shown but in the certificates aforementioned name has been incorrectly written and therefore cause of action accrued to the respondent to seek the correction. In this regard reliance has been laid to Adhar Card and school leaving certificate. The ratio decidendi culled out in the judgment of Supreme Court in **Jigya Yadav** v. **C.B.S.E. [2021 (3) KLT 711 (SC)]** has been also relied upon. It is contended that the objection of limitation cannot be taken as delay was not intentional, for, candidate had no control over it since the petitioners were not mature at the relevant point of time. Therefore, it was not of a case of exercising the right, belatedly. ## **`WP(C)NOs.28811/2021 & conn.cases`** ``` 6 ``` 2. Learned counsel for the respondent opposed the aforementioned prayer and submits that the period of three years would be applicable as the mark list is of 2019 and provisional certificate is of 2018 but the fact remains, no particulars of the Aadhar Card of the parents have been mentioned for seeking correction and the remedy would lie elsewhere. 3. I have heard the learned counsel for the parties and appraised the paper book. In the cited judgment was the case wherein on consideration of the facts with regard to particulars of the petitioners and parents name, relevant date was noticed to be the date of passing of tenth standard examination and not of the date of making of the application for changes. In this case, the provisional certificate is of June 2018 and correction has been now sought by the present writ petition without making any representation to the authorities. It is settled law that the writ petition without making any representation to the authorities would also not be maintainable. The particulars like Aadhar Card and other various documents, proving the correct name of the parents have also not been placed on record. In my view the ``` 7 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** remedy for the petitioners is to prefer a civil suit and lead a detailed evidence with regard to the averments and obtain a decree for seeking such relief. The writ petition sans merit and is accordingly dismissed. **Sd/-** **AMIT RAWAL JUDGE** nak ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`8`** ## **`APPENDIX OF WP(C) 28817/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT OF KARNATAKA DATED 21.6.2021 ``` - `Exhibit P2 TRUE COPY OF ADHAR CARD ISSUED TO THE PETITIONER BY THE GOVERNMENT OF INDIA` - `Exhibit P3 TRUE COPY OF MARK LIST OF PETITIONER IN SSLC ISSUED BY THE RESPONDENTS DT. 4.6.2018` - `Exhibit P4 TRUE COPY OF MARK LIST OF PETITIONER IN SSLC ISSUED BY THE RESPONDENTS DT. 15.1.2019` - `Exhibit P5 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT. 4.6.2018` - `Exhibit P6 TRUE COPY OF MIGRATION-CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT. 4.6.2018` - `Exhibit P7 TRUE COPY OF PLUS TWO MARK LIST ISSUED BY RESPONDENTS TO THE PETITIONER DT. 5.8.2020` - `Exhibit P8 TRUE COPY OF PLUS TWO MARK LIST ISSUED BY RESPONDENTS TO THE PETITIONER DT. 22.1.2021` - `Exhibit P9 TRUE COPY OF MIGRATION -CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO THE PETITIONER DT.5.8.2020` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`9`** ## **`APPENDIX OF WP(C) 28820/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT OF KARNATAKA DATED 6.10.2016 ``` ``` Exhibit P2 ``` ``` Exhibit P2TRUE COPY OF ADHAR CARD ISSUED TO THE PETITIONER BY THE GOVERNMENT OF INDIA Exhibit P3TRUE COPY OF MARK LIST OF PETITIONER IN SSLC ISSUED BY THE RESPONDENTS DT. 8.6.2019 ``` ``` Exhibit P4TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT. 8.6.2019 ``` ``` Exhibit P5TRUE COPY OF MIGRATION-CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT. 8.6.2019 ``` ``` Exhibit P6TRUE COPY OF PLUS TWO MARK LIST ISSUED BY RESPONDENTS TO THE PETITIONER DT. 23.7.2021 ``` ``` Exhibit P7TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED BY RESPONDENTS TO THE PETITIONER DT. 23.7.2021 Exhibit P8TRUE COPY OF MIGRATION -CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO THE PETITIONER DT. 23.7.2021 ``` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`10`** ## **`APPENDIX OF WP(C) 28921/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVT OF KERALA DT.4.12.2017. Exhibit P2TRUE COPY OF AADHAR CARD ISSUED TO PETITIONER BY THE GOVT. OF INDIA, DT.22.11.2012. Exhibit P3TRUE COPY OF MARK LIST OF PETITIONER IN SSLC ISSUED BY RESPONDENT DT.4.6.2018. Exhibit P4TRUE COPY OF MIGRATION-CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT.4.6.2018. Exhibit P5TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED BY THE RESPONDENTS TO PETITIONER DT.4.6.2018 Exhibit P6TRUE COPY OF SSLC CERTIFICATE ISSUED BY THE RESPONDENTS TO PETITIONER DT.15.1.2019. ``` - `Exhibit P7 TRUE COPY OF PLUS ONE MARK LIST ISSUED BY RESPONDENTS TO PETITIONER DT.15.3.2021.` - `Exhibit P8 TRUE COPY OF PLUS TWO MARK LIST ISSUED BY RESPONDENTS TO PETITIONER DT.15.3.2021.` - `Exhibit P9 TRUE COPY OF PLUS TWO PROVISOINAL CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DT.15.3.2021.` - `Exhibit P10 TRUE COPY OF PLUS TWO CERTIFICATE ISSUED BY THE RESPONDENTS TO PETITIONER DT.7.7.2021.` ## **`WP(C)NOs.28811/2021 & conn.cases`** ## **`11`** ## **`APPENDIX OF WP(C) 28811/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT OF KARNATAKA DATED 25.4.2003 Exhibit P2TRUE COPY OF ADHAR CARD ISSUED TO THE PETITIONER BY THE GOVERNMENT OF INDIA DT.19.11.2012 Exhibit P3TRUE COPY OF MARK LIST OF PETITIONER IN SSLC ISSUED BY THE RESPONDENTS DT. 15.1.2019 Exhibit P4TRUE COPY OF PLUS TO MARK LIST ISSUED BY RESPONDENTS TO PETITIONER DT. 5.8.2020 Exhibit P5TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED BY RESPONDENTS TO PETITIONER DT. 4.6.2018 Exhibit P6TRUE COPY OF MIGRATION -CUM-TRANSFER CERTIFICATE ISSUED BY RESPONDENTS TO THE PETITIONER DT. 4.6.2018 ```