Mamali Mallick v. Secretary, Board Of Secondary Education, Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32056 of 2022 Mamali Mallick ....
Petitioner Mr. P.K. Ray, Sr. Advocate -versusSecretary, Board of Secondary Education, Odisha, Cuttack and others ....
Opp. Parties Mr. S.S. Rao, Sr. Advocate for the Board of Secondary Education of Odisha
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
09.12.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
On oral prayer made by Mr. P.K. Ray, learned Senior Counsel appearing for the Petitioner, he is permitted to add the Principal, The Assembly of God Higher Secondary School, CoxColony, Jharsuguda, Odisha as Opposite Party No.4 in this writ petition in Court today.
3.
Heard Mr. P.K. Ray, learned Senior Counsel appearing for the Petitioner and Mr. S.S. Rao, learned Senior Counsel appearing for the Opposite Party-Board of Secondary Education, Odisha, Cuttack. Perused the writ petition and the documents annexed thereto This writ petition has been filed by the Petitioner seeking a direction to the Opposite Party-Board of Secondary Education,
// 2 // Odisha, Cuttack to correct her date of birth as 11.09.1999 in her High School Certificate.
5.
It is submitted by P.K. Ray, learned Senior Counsel appearing for the Petitioner that inadvertently the date of birth of the present Petitioner has been communicated erroneously to the Board by the School Authority. Accordingly, the same has been reflected in the certificate issued by the Board of Secondary Education, Odisha, Cuttack. In such view of the matter, the Petitioner seeks correction of her date of birth in her High School Certificate on the basis of records in support of correct date of birth, i.e., under Annexures-7 & 8.
6.
Mr. S.S. Rao, learned Senior Counsel appearing for the Opposite Party-Board of Secondary Education, Odisha, Cuttack submits that let the Petitioner approached to the School as per the regulation of the Board and only then the application of the Petitioner can be considered by the Board in accordance with rules and regulation.
7.
In such view of the matter, this Court disposes of the writ petition at the stage of admission by directing the Petitioner to approach the Opposite Party No.4 by filing a fresh representation taking therein all the grounds available to her annexing all the documents in support of the Petitioner's contention within a period of two weeks hence and in the event such representation is filed before the Opposite Party No.4, the Opposite Party No.4 shall do well to forward the same to the Opposite Party No.1. The Opposite Party No.1 is directed to
// 3 // consider the same within two weeks thereafter in accordance with the rules and regulations and in the event the same is permissible, then necessary correction be carried out and the corrected certificate be issued in favour of the Petitioner as per law. Petitioner is directed to produce a certified copy of this order before the authorities.
8.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Debasis