The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23883 of 2020 Basudeba Behera …. Petitioner Mr. M.K. Panda, Advocate -versus- The State of Odisha and others …. Opp. Parties Mr. Iswar Mohanty, A.S.C. Mr. G.R. Sethi, Advocate for O.P. No.7 CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 31.07.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the pleadings of the parties as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with a prayer for a direction to the Opposite Parties No.3 and 7 for correction of his date of birth as recorded in the school records and for a consequential direction to the Opposite Parties No.8 and 9 to correct his Service Book in the interest of justice. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner was studying in Sailo Govindpur High School // 2 // wherein his date of birth has been indicted as 29.2.1973. He further contended by the learned counsel for the Petitioner that there is an error in the date as recorded in the School Register as there is no such date ‘29.02.1973’, as the year 1973 was not a leap year and the correct date of birth is 28.02.1973. However, at the time of admission, it has been inadvertently recorded in the School Register as 29.02.1973 instead of 28.02.1973. He further contended that when the aforesaid mistake was dictated, the Petitioner approached the Headmaster of Sailo Govindpur Upper Primary School for correction of the date of birth recorded in School Register. However, since no action was taken by the Headmaster of the School, the Petitioner was compelled to approach the Block Education Officer, Kantapada. The Block Education Officer, Kantapada vide his letter dated 764 dated 31.07.2015 under Annexure-6 to the writ petition wrote a letter to the Headmaster, Sailo Govindpur, UP (ME) School/Sailo Govindpur High School for correction of the date of birth of the Petitioner enclosing a copy of the representation. 5. After receiving a copy of the letter issued by the Block Education Officer, Kantapada, the Headmaster of the Sailo Govindpur High School wrote a letter to the District Education Officer, Cuttack on 17.8.2015 seeking permission for correction of the date of birth of the Petitioner as has been discussed hereinabove. Learned counsel for the Petitioner further contended that the District Education Officer, Cuttack is the competent authority to grant such permission for correction of the date of birth. Since no action has been taken by the District // 3 // Education Officer, Cuttack, the Petitioner was earlier compelled to approach this Court by filing the W.P.(C) No.16934 of 2019, which was disposed of by a coordinate Bench vide order dated 08.10.2015 with a direction to the Opposite Party No.5 to dispose of the representation of the Petitioner dated 12.08.2015. 6. After disposal of the aforesaid writ petition, the Petitioner has approached the Opposite Parties including the District Education Officer, Cuttack, who vide his order dated 1.1.2016 disposed of the representation of the Petitioner with the finding that the correction of the date of birth is not entertainable under Article 235(ii) of the Odisha Education Code. Being aggrieved by such conduct of the said Opposite Party, the Petitioner approached this Court by filing the present writ petition. 7. A counter affidavit has been filed on behalf of the Block Education Officer, Kantapada. In the counter affidavit in paragraph-4, it has been stated that in view of the provision of Clause-(iii) of the Odisha Education Code 235, no application for revision will be admitted after lapse of more than six months from the date of admission and the same should be printed clearly on the copy of the record made over to the parent or guardian of the student. 8. Learned Additional Standing Counsel appearing for the State-Opposite Parties contended that the order passed by this Court in the earlier writ application has been duly complied with and the District Education Officer, Cuttack, who is the competent authority, has considered the matter and in view of // 4 // the special provision contained in Code-235 of the Odisha Education Code under Clause-(iii)., the application of the Petitioner for correction of date of birth has been rejected. Learned Additional Standing Counsel further submitted that the Opposite Parties have not committed any illegality at all and, as such, the writ petition is not entertainable. 9. A submission was made on behalf of Mr. S.S. Rao, learned Senior Counsel appearing for the Board of Secondary Education, Odisha that the Petitioner has no prayer against the said Opposite Party. Therefore, the writ petition be dismissed, so far the Board of Secondary Education, Odisha is concerned. 10. Having heard the learned counsels for the respective parties and on a careful consideration of the pleadings of the respective parties, this Court is of the prima facie view that the correction sought for is so obvious and apparent from the face of the record that the same does not require any authority of law to carry out such correction. On the contrary, while recording such date of birth of the Petitioner, the school authorities were required to apply their mind to the fact that there does not exit a date ‘29.02.1973’ as the year 1973 is not a leap year. Therefore, the authority who has recorded the date of birth of the Petitioner is also equally at fault while recording such date without application of mind. Moreover, on a perusal of the Odisha Education Code as contained in Code-235(ii), this Court is of the view that the same provides that the District Education Officer is competent to correct the date of birth of the Petitioner, however, // 5 // the District Education Officer, Cuttack-Opposite Parity No.3 without application of mind has mechanically rejected the application for correction. Moreover, this Court is of the view that when the mistake is committed by the School and the Board jointly, there is no bar to rectify such error. 11. In such view of the matter, this Court is of the considered view that the impugned rejection order is illegal and unsustainable in the eye of law and the same is required to be set aside and, accordingly, the same is hereby set aside. Further, the matter is remanded back to the Opposite Party No.3 to take a fresh decision in the matter keeping in view the provisions contained in the Odisha Education Code and further necessary correction be carried out by simple application of mind and keeping in view the fact that there does not exist a date 29.02.1973. Accordingly, the Opposite Party No.3 shall do well to pass necessary orders incorporating the aforesaid change within a period of six weeks from the date of communication of a certified copy of this order. 12. With the aforesaid observation and direction, this writ petition is disposed of. ( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 05-Aug-2023 12:44:36