JUDGMENT :

A.K. RATH, J.

1. The following question of law has been referred to the Full Bench:

"Whether the change of the name or surname of father and mother of a candidate who had already appeared at the High School Certificate Examination and obtained the Board Certificate (H.S.C.) incorporating the names of the parents is permissible on the basis of a correction in the school record made subsequent to that date."

2. The reasons set forth in the point of reference are:

The Regulation of the Board of Secondary Education, Orissa ('Board') has been framed under Sec.21 of the Orissa Secondary Education Act ('Act'). There is no provision in the Board's Regulation for correction of the father's name of a candidate, who had appeared in the High School Certificate Examination ('HSC Examination') and had been issued with the Board certificate. In the absence of any such provision, change of name or surname of parents in whatever circumstances, except of course for clerical or printing mistake is not permissible in law and as such, no direction can be given to the Board to make such changes.

2.1. The Division Bench entertained a doubt about the ratio laid down by another Division Bench of this