Disposed

Sangram Mahalik v. State of Odisha

Orissa HC13 Aug 2024WP(C)/13093/2024

Case brief

AI extract

What is this about?

A minor sought correction of surname in school records to match Aadhaar and caste certificates. The Court disposed of the writ petition with liberty to apply to the Registrar, Births and Deaths for correction under the 1969 Act and 2001 Rules, with timelines for subsequent school board corrections.

What did the court decide?

Liberty granted to move Registrar, Births and Deaths for surname correction; Registrar directed to decide after personal hearing; Headmaster and Board directed to make consequential corrections expedi

Sangram Mahalik Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.13093 of 2024

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Sangram Mahalik

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Petitioner

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Mr. K.C. Rajguru Mohapatra, Advocate

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-versus-

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State of Odisha & others …. Opposite Parties

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Mr. T.K. Biswal, Additional Government Advocate Mr. S.S. Rao, Sr. Advocate (For Opposite Party No.5) Mr. D. Nayak (for Opposite Party No.6)

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

13.08.2024

Order No.

05.

This matter is taken up through hybrid mode.

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2. The Petitioner, who is a minor, being represented through his mother guardian, has approached this Court seeking for a direction to Opposite Party Nos.4 to 6 to correct his surname so also the surnames of his parents from ‘Mahalika’ to ‘Mahalik’ in consonance with Aadhar Card and Caste Certificate under Annexures-2 & 4 respectively.

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3. To substantiate the prayer made in the Writ Petition, the Petitioner has annexed his Aadhar Card so also Aadhar Cards of his parents and Scheduled Caste Certificate issued by the Revenue Officer in his favour, where in the surname of the Petitioner as well as his parents has been

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mentioned as ‘Mahalik’ and the undated letter of the Nursing Home, where the Petitioner was born, addressed to the Registrar, Births & Deaths, Cuttack Municipal Corporation.

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4. Mr. Rao, learned Senior Counsel for Opposite Party No.5 (Secretary, Board of Secondary Education, Odisha) appears through virtual mode and submits, the remedy of the Petitioner for correction of the Birth Certificate lies under section 15 of the Registration of Births and Deaths Act, 1969, shortly hereinafter, ‘the Act, 1969’ read with rule-11 of the Odisha Births and Deaths, Rule 2001, shortly hereinafter, ‘the Rule, 2001’. Mr. Rao, learned Senior Counsel further submits, unless the Registering Authority makes necessary correction in the Birth Certificate regarding the surname of the Petitioner, the Board cannot act in terms of the request made by the Petitioner for correction of his surname in the concerned Register.

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5. Mr. Rao, learned Senior Counsel further submits, if the Petitioner succeeds to get his surname rectified through the Registrar, Births and Deaths, he has to apply through the Opposite Party No.4 (Headmaster, Odisha Police Housing School, Tulashipur) for making necessary correction in the Register in terms of Regulation 40 of the Board’s Regulation.

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6. Mr. Nayak, learned Counsel for the Opposite Party No.6 (Corporation) also makes similar submission, as of Mr. Rao, learned Senior Counsel for Opposite Party No.5.

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Page 2 of 5

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7. In response to the submissions made by the learned Counsel for the Opposite Party Nos.5 & 6, learned Counsel for the Petitioner, drawing attention of this Court to the pleadings made in para-6 of the Writ Petition submits, there is no specific format provided under the said Act, 1969 so also Rules made thereunder for making application for correction of the errors crept in the Birth Certificate. However, the Petitioner’s parents contacted the authority of Cuttack Municipal Corporation and as per the advice of the said Authority, the mother of the Petitioner applied for issuance of a fresh Birth Certificate on 24.08.2023, as at Annexure-5, with relevant documents. But the said application with all the documents, submitted before the authority concerned, were returned to the Petitioner disclosing that necessary correction is not permissible without any Court Order. Para-6 of the Writ Petition, being germane to the present lis, is extracted below:

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6. That, soon after it came to the knowledge, the mother of the petitioner approached the Headmaster of Odisha Police High School, Tulasipur for correction of his name in the School register basing on the Aadhar Card and Caste Certificate. But the Headmaster of Odisha Police High School, conveyed the mother of the petitioner that unless the Birth Certificate is corrected they cannot change the Surname of the petitioner or his parents. Accordingly the mother of petitioner in order to rectify the mistake apparent in the Birth Certificate approached the Sunshine Nursing Home, Cuttack. Taking into consideration the genuine claim of the petitioner the authority of Sunshine Nursing Home issued a letter in favour of Registrar, Birth and Death, Cuttack Municipal Corporation requesting therein to correct the Surname of the petitioner as reflects in the Aadhar Card. As per the advice of the authority of Cuttack Municipal Corporation, the mother of the petitioner submitted an application to the Cuttack Municipal Corporation enclosing the Aadhar Card, letter issued by the sunshine Nursing Home for

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Page 3 of 5

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issuance of a fresh Birth Certificate on 24.08.2023. The Cuttack Municipal Corporation again suggested for submitting a Certificate from the concerned School, disclosing the above fact. Accordingly the mother of the petitioner obtained a Certificate from the Head Master of the school in the format "To whom it may Concern" and submitted the same on 25.08.2023. Thereafter the municipality authority again asked the mother of the petitioner an affidavit disclosing the above fact and the same was submitted on 13.09.2023. However after a few days the Cuttack Municipal Corporation returned the documents to the mother of the petitioner disclosing that necessary correction in the Birth Certificate is not permissible under law without any Court order. Copies of the Birth Application form, letter issued by the Nursing Home, letter `to whom it may concern' dtd.25.08.2023 and affidavit dtd.13.09.2023 are enclosed herewith as Annexure-5 series.”

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8. In view of the above and the provisions under the Act, 1969 read with Rule, 11 of the Rules, 2001 so also the submissions made by the learned Counsel for the parties, the Writ Petition stands disposed of granting liberty to the mother guardian of the Petitioner to approach the Opposite Party No.6 within two weeks hence for correction of the surname of the Petitioner and his parents in the Births & Deaths Register so also for issuance of a corrected Birth Certificate in his favour in accordance with the provisions under the said Act, 1969 so also Rules made thereunder. 9. On filing of such application, along with the supporting documents, as detailed above, the Registrar, Births and Deaths, Cuttack Municipal Corporation (Opposite Party No.6) shall do well to deal with and dispose of the said application of the Petitioner, giving a chance of personal hearing to the Applicant Mother Guardian and the result thereof shall be made known to the Applicant within a week from the date of disposal of the said application.

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Page 4 of 5

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10. Needless to mention here that if the Petitioner succeeds to get his Birth Certificate corrected and applies to the Headmaster, Odisha Police Housing School, Tulashipur ( Opposite Party No.4), he shall do well to act promptly and make necessary correction and communicate the same to the Opposite Party No.5 (Secretary, Board of Secondary Education, Odisha) for doing the needful within a period of 10 days from the date of receiving such request, keeping in mind the urgency of the matter, as the Petitioner is going to appear in the 10^th examination, which is tentatively scheduled to be held in the month of March, 2025.

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11. Urgent certified copy of this order be granted on proper application as per rules.

(S. K. Mishra)

Prasant

Judge

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Aug-2024 15:37:03

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Sangram Mahalik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sangram Mahalik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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