RANJIT SINGH DHILLON Vs. PUNJAB SCHOOL EDUCATION

JUDGEMENT

(1.) With the consent of counsel for the parties, the matter is taken up for final disposal at the motion stage.

(2.) The eldest daughter of the petitioner, Simarjeet born on 10-12-1989, has been legally adopted by Balraj Sidhu and his wife Charanjeet Kaur, the maternal uncle and aunt of the adopted child. They are permanently residing in Canada. They have adopted her out of love and affection as they have only two sons and no daughter. The adoption deed was duly executed on 17-6-2002 (Annexure P-2) through their Special Power of Attorney, Shivraj Singh Sidhu. He had been given the Special Power of Attorney dated 29-5-2002 (Annexure P-3), by the adoptive parents. After the adoption procedure was completed, the fact of the adoption was published in a newspaper on 21-6-2002. In November, 2002, the petitioner approached the Principal of Government High School, Jeeda (Bathinda) for changing the name of the parents of Simarjeet in the school record. They were directed to approach the office of District Education Officer (Schools) Bathinda-respondent No. 3 for the necessary order. For quite sometime, the petitioner along with Shivraj Singh Sidhu approached the different officers for the necessary orders for change of name of the parents, but none were Issued. On enquiries having been made from the Punjab School Education Board (hereinafter referred to as "the respondent-Board"), the petitioner was informed that the papers are being processed. The petitioner thereafter met the Law Officer of the respondent-Board and explained the whole case to him. The petitioner also showed the Law Officer the file containing the adoption deed as well as the Special Power of Attorney and other relevant papers. After examining the same, the Law Officer assured the petitioner that the necessary correction will be made and a new Certificate issued very shortly. When nothing was heard, the petitioner again visited the respondent -Board in the month of February, 2004. He pleaded the Law Officer to get the matter resolved at the earliest as the adoptive parents had already put in the papers for the migration of Simarjeet. She was likely to be called for interview by the concerned embassy at any time. The petitioner was informed by the Law Officer that the case is almost finalised and within a few days, the decision will be communicated. Ultimately, on 16-3-2003, a letter (Annexure P-6) was delivered to Shivraj Singh Sidhu from respondent No. 1. He was informed as follows :

(3.) The petitioner challenges the aforesaid order in this writ petition under Articles 226/227 of the Constitution of India and prays for the issuance of a writ in the nature of Certiorari quashing the impugned letter dated 16-3-2003 (Annexure P-6). He also prays for the issuance of a writ in the nature of Mandamus directing the respondents to issue the necessary orders with regard to the correction to be made in the requisite certificate at the earliest.