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2025 DAILYLAW 55053 (ALL)

ANWAR ALAM v. UNION OF INDIA AND 2 OTHERS

WRIC/34612/2022 · 2025-04-20

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59386 Court No. - 32 Case :- WRIT - C No. - 34612 of 2022 Petitioner :- Anwar Alam Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Amit Kumar Rai,Subhash Chandra Rai Counsel for Respondent :- A.S.G.I.,Ajal Krishna,Shashi Prakash Rai Hon'ble Saral Srivastava,J. 1. By means of the present writ petition, the petitioner has prayed for the following relief:- "(a). Issue a writ, order or direction in the nature of certiorari quashing the impugned Office Order No.21-4.10/2022/NIOS/SSS/ADM dated 04.04.2022 passed by the respondent No.3 (Annexure No.3 to the writ petition), whereby the respondent No.3 rejected the correction of the petitioner's name and his father's name. (b). Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents No.2 & 3 to amend/correct the name of petitioner as 'Anwar Alam' and his father's name as 'Md. Nasir' in the certificate of Senior Secondary Examination 1999 (Annexure No.3 to the writ petition) issued by the Controller of Exmination/Chairman, National Open School, Government of India, New Delhi. (c). Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No.2 & 3 to issue correct certificate of Senior Secondary Examination 1999 (Annexure No.3 to the writ petition) in favour of the petitioner. (d). Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (e). Award the cost of the petitioner in favour of the petitioner." 2. It appears that the petitioner's application for correction of name has been rejected by order dated 04.04.2022. The order dated 04.04.2025 reads as under:- "To, Anwar Alam Khan Enrolment No.111283199 C/o Md. Nasir, Hafiz-ji-Chowk, Shukla Road, Muzaffarpur, Bihar-842001 Dear Student, This has reference to your letter dated 07.03.2022 regarding correction in Name. In this regard it is to inform you that, as per NIOS rules and regulations, correction in admission record can be considered within three years from the date of registration in NIOS. Your registration in NIOS pertains to the year 1998." 3. Learned counsel for the petitioner has placed reliance upon a notification dated 06.07.2022 issued by the Director (Student Support Services), National Institute of Open Schooling to contend that change in the name of learners will be considered without any time restriction. Accordingly, it is contended that there is no time limit within which the petitioner may submit an application for correction in the name in the certificate of Intermediate Examination. 4. Be that as it may, in the instant case, the petitioner had passed the Intermediate Examination in the year 1999 and has preferred the present writ petition on 15.11.2022 after about 23 years from the date he has passed the Intermediate Examination. Though it is provided in the circular that there is no time limit but it is expected that the petitioner should approach within a reasonable time and not with an inordinate delay of more than 23 years for correction in the name. 5. In such view of the fact, the contention advanced by learned counsel for the petitioner is misconceived and is rejected. 6. Consequently, the writ petition is dismissed. Order Date :- 21.4.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad