The main legal point established in the judgment is that the correction to rectify genuine typographical errors/factual errors can be made within the specified period, and rejections should be based on valid justifications and application of mind.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is a student of National Institute of Open Schooling (NIOS), has filed this writ petition seeking to quash the order dated 11.06.2018 under Annexure-11 rejecting his application for correction of date of birth.

2. The factual matrix of the case, in hand, is that the petitioner was prosecuting his study at M.R. Boys' High School, Parlakhemundi as a regular student. He appeared H.S.C. Examination in the year 2010 under the Board of Secondary Education, Orissa and became unsuccessful. Consequentially, he left the said school and was issued with transfer certificate (T.C.) bearing No. 1286501 dated 18.10.2010, along with Enrollment Card (E.C.) bearing No. DAM001/230/08 vide Annexures-1 and 2 respectively issued by the Board of Secondary Education, Orissa, wherein the date of birth of the petitioner was mentioned as "08.03.1994". On receipt of such certificate, the petitioner took admission at National Institute of Open Schooling (NIOS), which is an autonomous Institution under the Ministry of Human Resources Development (HRD) Department, Government of India, having its regional centre and accredited institutes all over India.

2.1. The petitioner took admission in Sri Lakshmi Gangapathi Degree College, Dharmapuri, Vizianagaram, which is affiliated to Regional Centre at Vishakapatham under NIOS, by producing the transfer certificate and the enrollment card issued by the Board of Secondary Education, Orissa. He appeared the H.S.C. Examination under Regional Center at Vishakhapatnam in the month of April, 2012 bearing Roll No. 932711200322 and became successful. After he became successful in the H.S.C. examination, he went to the Regional Centre, Vishakhapatnam on 15.08.2012 to obtain certificate from the authority. The provisional certificate, mark sheet and the migration-cum-transfer certificate were issued to the petitioner by the Director, NIOS Evaluation. After receipt of the same, the petitioner came to know that his date of birth in the certificate has been mentioned incorrectly as "18.03.1974", though his actual date of birth is "18.03.1994".

2.2. The petitioner immediately on 27.08.2012 applied to the authority in the format provided for the purpose of correction of certificate and also deposited Rs. 500/- in the form of bank draft on 29.08.2012, along with an affidavit, seeking correction of the wrong entry of the date of birth in the aforesaid certificates on the basis of the transfer certificate and enrolment card issued by the B.S.E., Orissa, but no action was taken by the opposite parties. Consequentially, father of the petitioner, on 18.10.2012 submitted representation to the authority with a request to treat the matter as urgent and issue correct certificate immediately as his son has joined in ITI at Vishyakarma Industrial Training Centre, Berhampur with an undertaking to submit the corrected certificate in proof of his date of birth after issuance of the same by the authority under NOIS. In spite of such request being made, no action was taken. Subsequently, father of the petitioner again on 26.11.2012, 08.02.2013 and by making email correspondence on 08.01.2014 requested the Secretary and Director of Evaluation, NOIS, but all efforts gone in vain.

2.3. Due to non-grant of corrected certificate, the petitioner could not appear the examination of ITI. Consequentially, petitioner issued notice to the opposite party authorities through his advocate on 25.01.2016. Since no response came from the opposite parties, finding no other alternative, the petitioner preferred W.P.(C) No. 6831 of 2018, which was disposed of on 27.04.2018 directing opposite party no. 2 to take a decision in accordance with law within four weeks from the date of the receipt of the order. In compliance of the order passed by this Court, the impugned order in Annexure-11 dated 11.06.2018 was passed, wherein it has been specifically mentioned that the NIOS does not permit for change in date of birth of learn