RAMESH CHANDRA PATRA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This Appeal involves a confirming judgment and decree passed by the learned Civil Judge (Jr. Divn.), Berhampur involving Civil Suit No.55/2005 and thereafter the same has been confirmed by the judgment and decree of the learned District & Sessions Judge, Ganjam, Berhampur involving RFA No.14 of 2007.

(2.) The Second Appeal was admitted on the following substantial questions of law:

(3.) Short background involved in the case is that the plaintiff-appellant here passed H.S.C. examination in the year 1970 through Queen of the Misson's High School, Berhampur as a private candidate. The plaintiff was granted original High School Certificate by the defendant, by the School authority being authorized by the Board of Secondary Education, Orissa. The said original certificate was damaged due to rain water. As a result of which, the plaintiff submitted application for issuance of a duplicate certificate by furnishing all the particulars as required under law. He received the certificate from the head of the queen of Missons High School, Berhampur and found several mistakes in respect of the date of birth, name of the plaintiff, name of the father of the plaintiff and name of the School. Finding this mistake involving the certificate granted by the authority the plaintiff addressed a letter to the authority on 29.08.2000 and 24.01.2002 requesting it for necessary correction. It is alleged that although the defendants received said letter but did not issue corrected certificate. Hence the suit for mandatory injunction seeking direction to the defendant to grant another fresh certificate mentioning therein the correct particulars, was filed. The defendant Board of Secondary Education, Orissa represented through his advocate filed the written statement challenging the suit on the ground of maintainability, limitation etc. It is also submitted that the plaintiff appeared in the Supplementary High School Certificate examination in the year 1970 with Roll No.1-1498 as a private candidate being presented through Queen of the Misson's High School, Berhampur and passed the examination compartmentally. The original pass certificate was issued in favour of the plaintiff as per regulation-16 of Chapter-X of the Board's Regulation through the head of the Institution at the relevant time. The original certificate was issued with his name and his father's name. It is contended that the duplicate certificate is prepared basing on the Tabulation Register of 1970 which is prepared manually. On the premises that the Tabulation Register was prepared as per rule 9 & 25 of the Chapter-X of the Board's Regulation and under Rule 39 and 40 of Chapter-X of the Board's regulation correction of name, father's name and date of birth subsequently is not entertainable. The defendant also pleaded that the suit is not maintainable for non-joinder of proper parties. It is also contended that the head of the institution through which the plaintiff appeared should have been added as a party. The defendants also raised objection on the point of limitation. On the basis of the above pleading the defendants prayed for dismissal of the suit.