AMANDEEP KAUR Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This petition has been filed for invoking the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India for seeking grant of writ of certiorari for quashing the order dated 9.2.2002 passed by respondent No. 2, copy Annexure P-4 and also a writ of mandamus directing the respondents to change the name of the parents of the petitioner in the certificate issued by respondent No. 2 pertaining to the examinations of Matriculation passed in the year 1998 and that of 10+2 passed in the year 2000.

(2.) The petitioner had been adopted by Pal Singh Chahal and Amarjit Kaur the adoptive father and mother. In this respect, the deed adoption was executed on 10.1.1994. She passed her tenth class examination in the year 1998 held by Central Board of Secondary Education at Ajmer. Similarly, she also passed in 10+2 examination and was delivered the certificate accordingly. However, she filed Civil Suit No. 806 dated 10, 2001, titled as Amandeep Kaur v. Balbir Kaur and others seeking declaration to the effect that the petitioner is the natural daughter of defendant No. 1 Smt. Balbir Kaur Bajwa and Shri Surinderpal Singh Bajwa (now deceased). The adoptive father and mother had also been impleaded as defendant Nos. 2 and 3 respectively. All the defendants had put in appearance and had virtually conceded the claim of the petitioner. Upon the pleadings of the parties the issues had been framed, oral as well as documentary evidence had been led by the parties. The requisite finding has been given upon the issues, which ultimately resulted in decreeing the suit of the plaintiff. As a sequel thereto a declaration has been granted to the petitioner to the effect that she is the natural daughter of defendant No. 1 and not the adopted daughter of defendant Nos. 2 and 3 and that the alleged adoption deed dated 10.1.1994, has been declared null and void. It has been categorically observed by the trial Court that defendant Nos. 2 and 3 i.e. adoptive father and mother did not lead any evidence and that the fact of non-performance of religious ceremony and further the ceremony of giving and receiving the child in adoption had also not been proved. Copy of the judgment has been appended as Annexure P-1.

(3.) The petitioner has also filed an affidavit dated November 16, 2004, wherein it has been categorically averred that the judgment and decree dated 12.4.2002 passed by the Additional Civil Judge (Senior Division) has not been set aside or modified by any competent Court of law. Further, it has also been contended that no appeal has been filed against the aforestated judgment and decree and that the same has become final between the parties. The said affidavit has been taken on record by a separate order passed in C.M. No. 20277 of 2004.