Advocates:
['M/S N K SAHU', '', 'B SWAIN', 'C ANANDA RAO', 'S K BEHERA', 'M/S TARANANDA PATTANAIK', 'S PATTANAIK', 'M OJHA']

ORISSA HIGH COURT: CUTTACK

W.P.(C) NO. 12539 of 2018

In the matter of an application under Articles 226 and 227 of

the Constitution of India.

---------------

AFR

Soumya Ranjan Acharya

..… Petitioner

-Versus -

Secretary, National Institute

of Open Schooling, (NIOS)

and others

….. Opp. Parties

For Petitioner

: M/s. N.K. Sahu & B. Swain,

Advocates.

For Opp. Parties: Mr. T.N. Pattanayak,

S. Pattanaik & Manoj Ojha, Advocates

[O.Ps. No.1 and 2]

Mr. C.A. Rao, Sr. Advocate

along with Mr. S.K. Behera, Advocate

[O.P. No.3]

P R E S E N T:

THE HONOURABLE DR. JUSTICE B.R.SARANGI

DECIDED ON : 04.03.2021

DR. B.R. SARANGI, J. The petitioner, who is a student of

National Institute of Open Schooling (NIOS), has filed this

writ

petition

seeking

to

quash

the

order

dated

2

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

3

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”.

4

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 maki