Point of Law: Technicalities of delay in approaching the authority concerned should not come in the way of redressal of genuine grievance of the petitioner.

JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri. V.B. Pandey, learned Advocate holding brief of Sri. Balram Jee Verma, learned counsel for the petitioner, Sri. Dhananjay Awasthi, learned counsel appearing for respondent Nos. 2 and 3 and perused the record.

2. The issue raised in the present writ petition is with regard to correction in the spelling of the name of petitioner mentioned in the intermediate marks-sheet-cum-certificate issued by the National Institute of Open Schooling, New Delhi (hereinafter referred to as 'the N.I.O.S.). From the pleadings of the petition as well as the documents brought on record, it is apparent that everywhere in the academic record, the name of the petitioner has been spelled as “Shweta Pathak” whereas in the intermediate marks-sheet-cum-certificate issued by the N.I.O.S. it is shown as “Sweta Pathak.” The name of the mother and that of the father of the petitioner are correctly spelled as “Bindu Pathak and Prabhat Kumar Pathak” in all the academic records right from High School upto the University and even in the intermediate marks-sheet-cum-certificate issued by the N.I.O.S. the name of the mother of the petitioner is spelled as Bindu Pathak and that of father as Prabhat Kumar Pathak.

3. In the counter affidavit, the stand taken by the respondents is that the name of the petitioner, even if, it is a spelling mistake occurred in printing process, cannot be corrected because the limitation prescribed for applying for correction in the marks-sheet-cum- certificate issued by the N.I.O.S. is three years whereas the petitioner has approached the N.I.O.S. for necessary correction after eight years.

4. Learned counsel for the petitioner has relied upon the judgment of the Supreme Court in the case of Jigaya Yadav vs. Central Board of Secondary Examination and Others, 2021 (7) SCC 535 and that of this Court in the case of Anand Singh vs. U.P. Board of Secondary Education and Others, 2014 (3) ADJ 443 and submits that the technicalities of delay in approaching the authority concerned should not come in the way of redressal of genuine grievance of the petitioner. He has drawn the attention of the Court towards the pleadings raised in the counter affidavit in which nowhere it is stated that the petitioner has come with un-cleaned hands, nor fraud or otherwise forgery is alleged to have been committed at the end of petitioner. He submits that it is true that the petitioner ought to have approached the institution well in time but such spelling mistake often evades the eyes and at time it is taken to be so nominal that students do not get affected. He submits that the petitioner had been admitted to higher studies with the same marks-sheet and no objection had been raised anywhere but the question would be of employment to which strict verification is done and there this mistake may be prejudicial.

5. Having heard learned counsel for the respective parties and the arguments raised across the bar, I find that the spellings of “Shweta” and “Sweta” are so common that at times it may be pronounced in such a manner that difference cannot be noticed and letter 'H' becomes silent and so it can evade the eyes so genuinely of those, who have to check the relevant record before final print is given and, therefore, it could be genuinely attributed to a mistake inadvertently committed by the respondents. This appears to be, so also, because the names of the father and mother are correctly printed and, therefore, it cannot be said under any circumstances that the petitioner delayed the matter for any other extraneous consideration. So at the best it is a case of correction only.

6. The principle laid down in the case of Jigya Yadav (supra) as well as in the case Anand Singh (supra) basically aimed at facilitating such corrections and the direction is to the Board to amend its bye laws as per the directions issued and till such amendment is carried out process the pending applications and even future applications, which may on the face