SARTHAK BEURA Vs. SECRETARY, BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) 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.