The petitioner, who underwent studies in the Sate of Kerala for the Plus Two course and is presently undergoing the B.Sc Nursing course in the State of Karnataka, moved the Commissioner of Government Examinations, the second respondent herein, for correction of her name in the school records as also in the Secondary School Leaving Certificate. The request was to correct her name as Pinky Jose in the place of Philomina Jose, the name which is entered in the school records as also in the Secondary School Leaving Certificate. The Commissioner of Examinations declined to entertain the application on the ground that they are defective. Aggrieved thereby, the petitioner moved the Government by filing Ext.P15 appeal accompanied by an application to condone the delay of 68 days in filing the appeal. In this writ petition, the petitioner inter alia seeks a direction to the State of Kerala to consider Ext.P15 appeal and pass appropriate orders thereon within a time limit to be fixed by this Court. 2. Heard learned counsel on both sides. Perused the records.
Under sub rule (3) of rule 3 of Chapter VI of the Kerala Education Rules, an appeal will lie to the Government against the orders passed by the authority referred to in sub rule (1) thereof. The period of limitation prescribed for filing an appeal is one month from the date of receipt of the order appealed against. As per the proviso to rule 3, the appellate authority is also empowered to condone the delay in filing the appeal, if sufficient cause is shown. Such being the situation, I am of the opinion that the Government should consider the appeal filed by the petitioner as also the application to condone delay in filing the appeal and take an appropriate decision at the earliest.
I accordingly dispose of the writ petition with a direction to the State Government to consider Ext.P15 appeal filed by the petitioner and pass appropriate orders thereon as also on the application to condone the delay in filing the appeal, after affording the petitioner an opportunity of being heard expeditiously and in any event within two months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition complete in all aspects before the Secretary to Government, General Education Department. The Government shall after orders are passed, communicate copies thereof to the petitioner.
vps P.N.RAVINDRAN, (JUDGE)