Mrugaraj Sahu v. Secretary, Board of Secondary Education, Odisha, Cuttack
2017-07-17
B.R.SARANGI
body2017
DigiLaw.ai
ORDER 17.7.2017. Heard Mr.Trilochan Nanda, learned Counsel for the petitioner, and Mr. S.C. Panda-1, learned counsel for opposite parties No.1 and 2. The petitioner files this writ application for direction to the opposite parties to make necessary correction, in the High School Certificate issued to the son of the petitioner in the year 2010 bearing Roll No.26MHO71, with regard to father’s name as “Mrugaraj Sahu” and mother’s name as “Subidha Sahu” as per declaration made by the Civil Court by judgment and decree dated 27.07.2011 passed in C.S. No.45 of 2010. Mr. Trilochan Nanda, learned Counsel for the petitioner states that since the petitioner has already got a declaration by the competent Civil Court with regard to correction of names of father and mother of Mahendra Chhatria, the same should be carried out in the certificate issued by the Board of Secondary Education, Orissa. Mr. S.C. Panda-1, learned Counsel for opposite parties No.1 and 2, bringing to the notice of this Court letter dated 21.10.2016, states that change of father’s and mother’s name in the original pass certificate of Mahendra Chhatria has been rejected because the Board was not made a party before the Civil Court, and as such, if any change is to be made it should be done by the Circle Inspector of Schools in consultation with the Headmaster of the School concerned. Considering the contentions raised by learned Counsel for the parties and after going through the records, since the petitioner has already got a decree from the Civil Court, the same has to be given effect to. As such, an analogous matter had come up for consideration before this Court in Sarthak Beura v. Secretary, Board of Secondary Education, Odisha, AIR 2014 ORISSA 48 and, in view of the ratio decided in the said case, this Court directs the Board of Secondary Education, Odisha to issue corrected Annual High School Certificate mentioning the names of the parents of Mahendra Chhatria in terms of the declaration made by the learned Civil Judge (Junior Division), Balangir in judgment and decree dated 27.07.2011 passed in Civil Suit No.45 of 2010.
For that purpose, the petitioner is directed to produce a certified copy of this order along with the judgment and decree passed by learned Civil Judge (Junior Division) Balangir passed in Civil Suit No.45 of 2010 within a period of two weeks from today before the Board authorities and on receipt of the same the authorities shall take necessary steps for correction of the certificate and issue a fresh one, and the entire exercise shall be completed within two months from the date of receipt of the certificate of this order. With the above observation and direction, the writ petition stands disposed of. Issue urgent certified copy as per rules. Petition disposed of.