The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 14439 of 2019 Madhusudan Bhoi ..... State of Odisha & Ors. -versus- ..... Petitioner Mr. S.K. Purohit, Advocate Opposite Parties Mr. S.K. Jee, AGA Mr. S.S. Rao, Sr. Advocate along with Mr. B.K. Mohanty, Advocate (Opp. Party No. 4) THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM:
Decision
ORDER 12.02.2025 Order No. 10 1. This matter is taken up through hybrid mode. 2. Heard Mr. S.K. Purohit, learned counsel appearing for the Petitioner, Mr. S.K. Jee, learned Addl. Govt. Advocate appearing for the State-Opp. Parties and Mr. S.S. Rao, learned Sr. Counsel appearing for Opp. Party No. 4 along with Mr. B.K. Mohanty. 3. Petitioner has filed the present writ petition inter alia challenging the communication dtd.24.06.2019 so issued by the Board under Annexure-9. Vide the said communication prayer of the Petitioner to issue him with a duplicate HSC pass certificate has been negatived on the ground that result of the Annual HSC examination, 1980 has been cancelled. 4. Learned counsel for the Petitioner contended that Petitioner passed the annual HSC examination, 1980 with issuance of the HSC Pass Page 1 of 5. certificate in his favour under Annexure-3. Basing on the said certificate Petitioner not only prosecuted further study but also entered into service and in the meantime he has also retired on attaining the age of superannuation in terms of his Date of Birth indicated in the certificate issued under Annexure-3. It is contended that since Petitioner lost his original HSC certificate, he made an application by paying the required fees before the authorities of Board to issue him with a duplicate HSC Pass certificate. But on the ground that the examination in question has been cancelled, Petitioner’s claim was rejected vide the impugned communication under Annexure-9. 4.1. Learned counsel for the Petitioner contended that the ground taken in the impugned communication that the Petitioner’s result has been cancelled was never notified nor brought to the notice of the Petitioner all through, till he made the application to get a duplicate HSC pass certificate on 18.01.2019, which is around 38 years of the publication of the result with issuance of the certificate under Annexure-3. 4.2. It is contended that since Petitioner after passing the examination was issued with the certificate under Annexure-3, the ground taken that the examination in question has been cancelled, cannot be accepted after more than 38 years of issuance of such certificate. It is also contended that since Petitioner has passed the HSC examination with due issuance of the certificate under Annexure-3, he is eligible to get a duplicate one. It is accordingly contended that the refusal on the part of the Board in not issuing the duplicate HSC Pass certificate under Annexure-9 is not sustainable in the eye of law. Page 2 of 5. 5. Mr. S.S. Rao, learned Sr. Counsel appearing for the Board on the other hand contended that after receipt of the application from the Petitioner to get a duplicate HSC pass certificate, when it was verified, it came to the knowledge of the Board that result of the Annual HSC Examination, 1980, so far as it relates to the Petitioner and some other candidates has been cancelled vide Annexure-A/4. But it is fairly contended that no such notification is available with the authorities of Board nor anything has been indicated in Annexure-A/4 showing that basing on any notification so issued by the Board, result of the Petitioner along with other candidates has been cancelled. It is accordingly contended that since result of the Petitioner of the Annual HSC Examination, 1980 has been cancelled by the Board, Petitioner is not eligible to get a duplicate one and it has been rightly rejected. 6. To the stand taken in the counter affidavit, learned counsel appearing for the Petitioner made further submission basing on the stand taken in the rejoinder affidavit. It is contended that since Petitioner was issued with the certificate in the year 1980 and no such cancellation was ever intimated to him, the ground taken by the Board while refusing to issue a duplicate certificate is not sustainable in the eye of law. It is also contended that in the document annexed vide Annexure-A/4, though it has been indicated that result of the Petitioner along with some other candidates has been cancelled, but no such Notification No. and date has been indicated in the said document. It is accordingly contended that Annexure-A/4 cannot be taken as a document showing the cancellation to have been made in accordance with law. Page 3 of 5. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner was issued with the original HSC Pass certificate after he passed the same in the Annual HSC Examination held in April, 1980 under Annexure-3. It is not disputed that Petitioner basing on such certificate issued in his favour under Annexure-3 prosecuted higher study and entered into service. It is also not disputed that Petitioner in terms of Annexure-3 not only continued in his service but also retired on attaining the age of superannuation. But prior to his superannuation from service, when Petitioner made an application on 18.01.2019 to get a duplicate HSC Pass certificate on the ground that he has lost the original one, such claim of the Petitioner was rejected vide Annexure-9 on the ground that result of the Annual HSC Examination, 1980 has been cancelled. 7.1. This Court considering the document available under Annexure- A/4, is unable to accept the contention of the Board that the result of the Petitioner has been cancelled. Annexure-A/4 since does not indicate the Notification No. and the date by which such examination undertaken by the Petitioner has been cancelled, it cannot be accepted that result of the Petitioner has been cancelled. No document has also been filed by the Board showing any such notification being issued by the Board cancelling the Annual HSC Examination, 1980. 7.2. In view of such analysis, this Court is of the view that the ground on which Petitioner’s claim for issuance of a duplicate HSC Pass Certificate has been rejected under Annexure-9 is not sustainable in the eye of law. While quashing the same, this Court directs Opp. Party No. 4 to issue a duplicate HSC Pass certificate in favour of the Page 4 of 5. Petitioner within a period of two (2) weeks from the date of receipt of this order. 8. The writ petition is accordingly disposed of. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Feb-2025 13:56:59 Page 5 of 5.