Court No. - 6
Case :- WRIT - A No. - 6803 of 2021 Petitioner :- Avadhesh Tiwari Respondent :- Central Board Of Secondary Education And Another Counsel for Petitioner :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Respondent :- Hridai Narain Pandey,Anupam Kumar
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Sri H.N. Pandey, learned counsel appearing on behalf of respondents no. 1 and 2 and Sri Anupam Kumar, counsel for respondent no. 3.
Brief facts giving rise to the present petition are that the Central Board of Secondary Education, Delhi (respondent no.1) has invited online applications for 14th Edition of Central Teacher Eligibility Test-2021 (in short 'CTET-2021').
The petitioner being eligible applied online for participation in the said test. The petitioner claims that he was issued an Admit Card in pursuance of the said application. In the said Admit Card, the name of the petitioner was recorded as "AVDHESH TIWARI" and his date of birth was recorded as "20.7.1995". The petitioner appeared in the examination on the strength of the said Admit Card and the result of the said examination was declared on 26.2.2021.
The petitioner claims that while filling online Form and as revealed in the Admit Card two errors occurred inadvertently, firstly, the actual name of the petitioner is as "Avadhesh Tiwari" and the actual date of birth is "15.7.1995" whereas it was wrongly got filled as "Avdhesh Tiwari" and "20.7.1995". The petitioner claims to have made a representation for correction of the inadvertent errors as disclosed above by a off-line representation dated 28.2.2021, however, as no orders were passed, the petitioner has approached this Court by filing this petition.
Sri H.N. Pandey, counsel appearing for the respondents no. 1 and 2, argues that the Central Government has entrusted the respondent no. 1- Board to conduct the CTET Examination and for the examination scheduled in January-2021, a detailed information bulletin was issued which provided for an opportunity to correct the online Form and, in fact, in Clause 5 and Clause 7 of the said Bulletin, it was specifically mentioned that no request shall be entertained on that count. He also relies on a Circular issued on the Website which is a part of information bulletin which further clarify that no request shall be entertained in a offline mode and beyond the time prescribed.
There is no dispute that in the High School Certificate the name of the petitioner is shown as "Avadhesh Tiwari" and his date of birth is shown as 15.7.1995 and the error has occurred in filling the online Form by the petitioner himself. It is also on record that the petitioner applied for correction in a offline mode and not in the manner prescribed in the bulletin i.e. online mode. Thus, this Court is called upon to decide as to whether the request can be entertained or not. There is no doubt that the error has occurred at the hands of the petitioner. It is also not in doubt that the petitioner had applied for change although in a offline mode, it is also recorded that the petitioner has been declared qualified and his marks have also been declared in the said test, however, the petitioner cannot avail the benefit of the marks only on account of wrong mention of name and date of birth.
This Court notices that despite a clear mention that offline request shall not be entertained, it cannot ignore the fact that certain rights have accrued in favour of the petitioner on account of his having obtained the mark-sheet and cannot be denuded of the said rights only on account of inadvertent error which occurred in view of the facts as recorded as above.
As the rights accrued in favour of the petitioner cannot be allowed to be taken away by inadvertent errors, the writ petition deserves to be allowed. The respondent no. 1 is directed to issue necessary directions to the respondent no. 3 for corrections of the inadvertent errors by the petitioner and the respondent no. 3 shall permit the petitioner to make the corrections in a manner which they may deem fit or the respondent no. 3 shall themselves make the necessary corrections as requested by the petitioner in the result sheet issued to the petitioner. The petitioner shall be issued a fresh mark-sheet and certificate showing the correct name and date of birth. The said exercise shall be carried by the respondents, as expeditiously as possible, preferably within a period of six weeks from the date of filing of a copy of the order before the respondents no. 1 and 3.
It is clarified that the petitioner shall comply with all the requirements for making necessary corrections as may be directed to him including the payment of any charges that may be prescribed.
The writ petition stands allowed in terms of the said direction.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 29.7.2021 Puspendra