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2022 Supreme(Online)(KER) 27361

AMIT RAWAL, J
MUHIYADDEEN MUNSHEER – Appellant
Versus
THE DIRECTOR, NATIONAL INSTITUTE OF OPEN OPEN SCHOOLING – Respondent


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.

2. Learned counsel for the respondent opposed the aforementioned prayer and submits that the period of three years wou

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