The court affirmed that a valid Adoption Deed creates a presumption of compliance with adoption laws, necessitating the respondent-Board to consider applications for changing recorded parentage.

JUDGMENT :

1. The present petition has been filed by the petitioner through one Babu Ram, claiming him to be his adoptee father, under Article 226 of the Constitution of India, seeking direction to the respondent to change his parentage from natural parents to adoptee father and mother in its record and issue fresh registration certificate, marks card of 10^th, 11^th and 12^th class, indicating parents name of his adoptee parents.

2. With a view to understand the controversy in its correct perspective, it is deemed appropriate to give the material facts in brief:

2.1 That the petitioner was adopted by Babu Ram and his wife Kanta Devi from the natural parents of the petitioner who have voluntarily and out of free will gave their consent to give petitioner in adoption and handing over/taking over ceremony was also duly performed; that after the adoption, the petitioner used to live with the adoptee parents, who got him admitted in school from childhood; that after the adoption of the petitioner was executed, the adoptee father executed Will Deed in favour of the petitioner of his all moveable and immovable properties including land measuring 08 kanals 08 marlas under khasra Nos. 140, 135, 136, 264 and 267 situated at Village Karyal Kalan and village Allah, Tehsil Arnia, District Jammu and one shop raised in khasra No. 590 at village Allah Tehsil Arnia. An Adoption Deed, to this effect, was duly registered before Sub Registrar, Jammu South-I on 21st day of December, 2021 at Bishnah between the natural parents and adoptee parents.

2.2 It is further stated in the petition that the petitioner also obtained caste certificate and domicile certificate from the jurisdictional Tehsildar at Arnia in which name of the father of the petitioner has been shown as Babu Ram. The petitioner has also obtained pan card and aadhar card in which also the name of the father of the petitioner has been shown as Babu Ram; that the petitioner had studied in Kundan Shiksha Academy, Allah from Ist to 5^th Class, Janta Memorial School, Adhlehar in 6^th class, in Alpha Mission School, Allah in 7^th Class and 11^th Class from Government Higher Secondary School, Allah; that the adoptee father of the petitioner approached the schools for the change of the petitioner’s parentage from natural parents to adoptee parents but the incharge school informed him that since the details/particulars have been sent to the J&K Board of School Education, Jammu in 9^th and his all registration records are maintained accordingly by the respondent and the petitioner has to approach the respondent-Board of School Education.

2.3 It is urged in the petition that when the petitioner approached the respondent-Board for change of the name of parentage from natural parents to adoptee parents, the respondent-Board informed the petitioner that they will not change the name of the natural parents to adoptee parents despite filing the necessary application along with Adoption Deed; that since the respondent is not affecting necessary change in their record and issuing fresh registration certificate, marks card of 10th, 11th and 12th class due to which the petitioner is suffering irreparably; that the rules framed by the respondent- Board allows correction/change where warranted by the respondent-Board for the change of the name of the parents.

2.4 It is further urged in the petition that on the direction of the respondent-Board, the matter was also published on 15.11.2023 in State Times Newspaper that if anybody has any objection with respect to the change/correction of the parentage from natural parents to adoptee parents, may lodge the same before the Joint Secretary, Certificates and Joint Director, J&K Board of School Education, Jammu within seven days but no such objection is raised by any person till date. Despite that the respondent-Board did not agree to issue the fresh certificate by correcting their record; that the name of the minor is also entered in the ration card of the petitioner by the