Sarthak Beura vs Secretary, Board Of Secondary ...
2014 Latest Caselaw 119 Del

                       ORISSA HIGH COURT: CUTTACK


                WRIT PETITION (CIVIL) No. 25121 of 2012

      In the matter of an application under Articles 226 and 227 of the
      Constitution of India.
                                   ----------

      Sarthak Beura                              .........     Petitioner


                                      -versus-

      Secretary, Board of Secondary Education,
      Odisha and others                     .........          Opposite Parties


               For petitioner    :   M/s.Biraja Pr. Das, A.Ekka,
                                     J.S.Maharana

               For opp. parties :    M/s. P.K.Mohanty, D.N.Mohapatra,
                                     Smt.J.Mohanty, P.K.Nayak and
                                     S.N.Dash (for O.P. 1)


      PRESENT:

               THE HONOURABLE DR. JUSTICE B.R.SARANGI


           Date of hearing: 11.12.2013 | Date of judgment : 07.01.2014

Dr. B.R.Sarangi, J. 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
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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
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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
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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

(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
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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
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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.




                                           .......................................
                                            Dr.B.R.Sarangi, J.

Orissa High Court, Cuttack The 7th January, 2014/PKSahoo