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2026 DAILYLAW 221 (TRI)

Priyashi Kalai v. National Institute of Open Schooling

WP(C)/267/2026 · 2026-04-20

T Amarnath Goud

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:THC:521 HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.267 of 2026 1. Priyashi Kalai aged about 30 years old, daughter of late Mahi Kumar Kalai, resident of near Indira S.B. School, South Pulinpur, P.O. Howaibari, Khowai Tripura-799205. …..Petitioner _V_E_R_S_U_S_ 1. National Institute of Open Schooling study Centre Khowai Boys Higher Secondary through its Director, P.O. Khowai, Khowai Sub-Division, West Tripura. …..Respondent For Petitioner(s) : Mr. P. K. Koloi, Advocate. Mr. D. Reang, Advocate. For Respondent(s) : None. HON’BLE JUSTICE DR. T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 20.04.2026 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India directing the respondent No.1 to immediately issue mark sheet with correct petitioner’s father’s name i.e. late Mahi Kumar Kalai instead of late Mati Kumar Kalai. [3] The petitioner has prayed for the following reliefs: “a. Pass an order or direction directing the respondent No.1 to immediately issue mark-sheet with correct petitioner father name i.e. late Mahi Kumar Kalai instead of late Mati Kuamr Kalai. AND/OR b. Pass such further order and/or direction as Your Lordships may deem fit and proper for the ends and in the interest of justice.” [4] The case of the petitioner is that to direct the respondents to immediately issue mark-sheet with correct petitioner father name i.e. late Mahi Kumar Kalai instead of late Mati Kumar Kalai. The petitioner name is Priyashi Kalai aged about 30 years old, daughter of late Mahi Kumar Kalai, the petitioner is currently working as Lecturer, posted in the state of Bengalure, Karnataka. In the documents such as mark-sheet of Senior Secondary School Examination Serial No. 2026:THC:521 177375, Roll No: 200012143092 issued on 05.06.2015 and provisional certificate Serial No. 008705, Roll No: 200012143092 issued on 05.06.2015 issued by the National Institute of Open Schooling the name of the petitioner father is mistakenly written as late Mati Kumar Kalai instead of Late Mahi Kumar Kalai. The petitioner could take admission in B.Sc. Nursing and M.Sc. Nursing with typo error of the petitioner father’s name because each time the petitioner was asked to file affidavit stating that the petitioner father name is correct. Therefore the petitioner could take admission and continue her studies. The petitioner also produces additional documents in the petition to show that the name of the petitioner correct father name. [5] As per the procedure it is mentioned no request for correction will be accepted after 3 years from the date of registration. Due to financial condition, the petitioner could not frequently visit her home state. It is also submitted that the petitioner frequently visit NIOS Agartala Study centre asking about the process for correcting father’s name in the certificate but the authority always asked the petitioner to visit some other days. On various occasion the petitioner visited NIOS office in Agartala, Tripura but they always turned back by the authority and asked to come after few days and months. Being aggrieved by, the petitioner also travel to regional office in Guwahati, Assam to meet the authorities. In Guwahati regional office the petitioner was asked to file a petition in the respective state and get the order of the court for making correction. Only with the order of the court the NIOS authority can make changes in the documents. Petitioner has been running from pillar to post seeking help but nothing materialized. [6] Hence, the present petition has been filed by the petitioner before this Court for redress. [7] Mr. Koloi, learned counsel appearing for the petitioner has submitted that the act of the respondents is in complete violation of Article 14 and Article 21 of the constitution of India and thereby has amounted to infringement of the Right to Equality and Right to Life of the petitioner. The petitioner has given all the correct details at the time of admission. It is the typo error of the NIOS office that the petitioner has to run from pillar to post seeking correction of the documents. [8] It has been further contended that the petitioner is ready to sworn in the affidavit stating that the father’s name of the petitioner is correct but the office 2026:THC:521 staff of the NIOS is not ready to accept the affidavit. The petitioner was not residing regularly in the state of Tripura so it has become very difficult for the petitioner to communicate or visit frequently in NIOS office in Tripura. The petitioner could take admission in B.Sc Nursing and M.Sc Nursing despite name of the petitioner’s father is in clerical error by filing an affidavit. [9] The petitioner wished to apply for upcoming government exams for that reason the petitioner required correct name of the father in all the documents. There is no other efficacious remedy available to the petitioners in the given facts and circumstance, therefore, the petitioner is left with no other alternative than to approach this court by way of this present petition. [10] In view of above and having heard the learned counsel appearing for the parties this Court is of the considered opinion that the petitioner is now 30 years of age and also doing a job. When the Court puts question to the learned counsel appearing for the petitioner that after completion of School education and professional course whether the petitioner has made any application/affidavit before the concerned authority for correcting the name of father of the petitioner. To this count, no answer has come forth. After completion of professional course also, no steps were taken by the petitioner to correct the same. In that view of the matter, the present petition hit by laches and thus, the same is dismissed. [11] However, the petitioner is at liberty to approach before the concerned authority with proper application and on filing of such application, the concerned authority shall examine the same and may decide the matter in accordance with law. [12] As such, the present petition stands dismissed with the above observation and direction. As a sequel, miscellaneous application, pending if any, shall stand closed. DR.T. AMARNATH GOUD, J A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2026.04.27 12:00:51 +05'30'