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2014 DIGILAW 9 (ORI)

Sarthak Beura v. Secretary, Board of Secondary Education, Odisha

2014-01-07

B.R.SARANGI

body2014
ORDER : Assailing the letter dated 22.11.2011 issued by the Deputy Secretary, Board of Secondary Education, Odisha (CZ), Cuttack under Annexure-4 refusing to change the parent s name of the petitioner in the original High School Certificate, the present writ petition has been filed. 2. The petitioner s case in nutshell is that he is the natural born son of Ranjan Kumar Beura and Menaka Beura. During admission of the petitioner in the primary school, his parents name were inadvertently recorded as Babaji Charan Beura and Kanakalata Beura and the said mistake was recorded at the time of admission in the High School. When the petitioner was ready to appear at the Annual High School Certificate Examination, 2011, the wrong entry of the parentage of the petitioner was detected by the original parents. The original parents of the petitioner at that point of time requested the Headmaster of the school, opposite party No.3 to correct the mistake. Since the school authorities did not take any steps, the petitioner had to appear at the Annual High School Certificate Examination, 2011 with Roll No. 23RE040 from Chaulia Bamara High School and he passed the said examination in 1st division. On the basis of the repeated request made by the natural parents, the Headmaster of the school, opposite party No. 3 wrote a letter to opposite party No. 2 with a request to correct the parent s name of the petitioner. In response to the same, the Deputy Secretary of the Board of Secondary Education vide letter No. 4862 dated 22.7.2011 intimated the Headmaster of the school to submit necessary documents for correction of the certificates. In response to the same, the Headmaster of the school furnished all the necessary documents desired by opposite party No. 2 on 28.7.2011 for making necessary correction of the certificate, but without considering the same, the opposite party No. 2 by the impugned letter dated 22.11.2011 refused to make any change in respect of the natural parents in the certificate without assigning any reasons, rather it has only been stated that the original pass certificate granted by the authorities is in conformity with the admission register and as there is no clerical error or printing mistake at Board s level, change of parents name at this stage is not possible as per Rule. Finding no other way out, the petitioner represented through his natural father filed Civil Suit No. 19 of 2012 before the learned Civil Judge (Junior Division), Kendrapara, and the court below by judgment dated 25.7.2012 under Annexure-5 decreed the suit by declaring that the petitioner is the natural born son of Ranjan Kumar Beura and Menaka Beura. Relying upon the said civil court decree, the petitioner has approached this Court for change of his parent s name in the Original H.S.C. Certificate granted by the Board of Secondary Education. 3. Mr. Biraja Pr. Das, learned counsel appearing for the petitioner submitted that when there is civil court decree regarding the parentage of the petitioner, there is no impediment on the part of the Board of Secondary Education not to enter the natural parent s name in the H.S.C. Certificate. In support of his submission, he has referred to the order dated 25.1.2011 passed by this Court in W.P.(C) No. 10215 of 2010 (Rasmibarsa Panda v. Secretary, Board of Secondary Education, Orissa, Cuttack), wherein this Court in a similar circumstance relying upon the civil court decree directed the Board of Secondary Education to issue corrected provisional certificate-cum-Memorandum of marks to the petitioner in the said case by mentioning the names of her natural parents. 4. Pursuant to the notice issued by this Court, Board of Secondary Education appeared and filed counter affidavit stating that no illegalities or irregularities have been committed by the Board authorities in refusing to carry out the corrections by incorporating the names of the natural parents of the petitioner, rather, the Board authorities have acted in conformity with the provisions of law. Inasmuch as there is no clerical error or printing mistake and as such there is no scope to make any correction at Board level since the parent s name furnished by the school authorities has been reflected in the Annual High School Certificate Examination, 2011. So far as the reliance placed on the decree of the civil court is concerned, the same was never made available before the Board authorities to consider the same, rather, the same has been done after the impugned order in Annexure-4 was passed. Reference has also been made to Section (sic) (vi) of Regulations 39 and 40 in order to justify the action of the Board authorities. 5. Reference has also been made to Section (sic) (vi) of Regulations 39 and 40 in order to justify the action of the Board authorities. 5. After hearing the learned counsel for the parties and perusing the records and the judgment dated 25.11.2011 passed by learned Civil Judge (Junior Division), Kendrapara in Civil Suit No.19 of 2012, it is clear that against the said judgment, no appeal has been preferred by any of the parties, thereby the judgment so passed by the learned Civil Judge has reached finality with regard to the declaration of parentage of the petitioner. Such finding has been arrived at after trying the suit and the judgment and decree have been passed by the competent civil court. The Civil Court which decided the status of the petitioner have got the competence to do so. Thus, the said judgment amounts to a judgment in rem and binds all parties since no appeal has been preferred to set aside such declaration made by the civil court in any higher forum. Therefore, there is no impediment on the part of the Board of Secondary Education to make necessary correction in respect of the parents of the petitioner in the Annual High School Certificate. 6. Applying the principles laid down by this Court in Rasmibarsa Panda (supra) as well as considering the facts and circumstances of the case, this Court directs the Board of Secondary Education to issue corrected Annual High School certificate mentioning the names of the parents of the petitioner as Ranjan Kumar Beura and Menaka Beura in terms of the declaration made by the learned Civil Judge (Junior Division), Kendrapara in Civil Suit No. 19 of 2012. The petitioner is directed to produce a certified copy of this judgment along with the judgment and decree passed by the learned Civil Judge (Junior Division), Kendrapara in Civil Suit No. 19 of 2012 within a period of one week before the Board authorities. The entire exercise shall be completed within a period of two months from the date of receipt of a certified copy of this judgment. 7. The writ petition is accordingly allowed. No cost. Petition allowed.