Md Abdur Rahman Khan v. Board of Secondary Education, Assam and 4 Ors

ORDER Date : 10.01.2024

The petitioner by way of instituting the present proceeding has prayed for a direction to the authorities of Board of Secondary Education, Assam to correct his date of birth recorded in his matriculation records as '01.02.1974' instead of '01.02.1972'. The petitioner in this connection had approached the authorities and the authorities of the said Board had required the Inspector of the school Nagaon to authenticate the application of the petitioner. The Inspector of School, NDC, Nagaon vide communication dated 08.08.2023 had authenticated the documents submitted by the petitioner. The documents has authenticated also includes the birth certificate. A copy of the birth certificate enclosed as Annexure-C to the present petition and issued on 21.04.2018.

¶2From the perusal of the said birth certificate, it is seen that the same was based on an application made by the petitioner in the year 2018 and the same was issued on 21.04.2018. The petitioner has not brought on record any material to show that the said certificate which was issued after a period of one year from the date of his birth was so issued by following the procedure that was mandated.

¶3In such view of the matter, the writ petition stands disposed of directing the Secretary, Board of Secondary Education, Assam to consider the application of the petitioner for correction of his date of birth as "01.02.1972" in his matriculation records after having an enquiry made with regard to the facts disclosed in the birth certificate available at Annexure (C) dated 21.04.2018.

¶4The Secretary shall also verify as to whether the birth of the petitioner is recorded in the records of Bechamari MPHC of Moirabari block in Nagaon District. On conclusion of the said Page No.# 3/3 verification as required it is found that the case of the petitioner is bonafide, the Board of Secondary Education shall proceed with the matter in accordance with law and pass appropriate orders. In the event, any of the documents submitted by the petitioner in support of his prayer for correction of his date of birth is found to be doubtful, the Board of Secondary Education, Assam shall not proceed with the correction as prayed for. With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010003362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/78/2024o MDoABDURoRAHMANoKHANo S/OoLATEoMANNASoKHAN,oVILL-oLALIoPATHAR,oP.O.-AKORABORI,oDIST- NAGAON,oASSAM-782123 VERSUSo BOARDoOFoSECONDARYoEDUCATION,oASSAMoANDo4oORSo BAMUNIMAIDAM,oGUWAHATI-21,oREPRESENTEDoBYoITSoCHAIRMAN 2:THEoSECRETARYoOFoTHEoBOARDoOFoSECONDARYoEDUCATION oASSAM oBAMUNIMAIDAM oGUWAHATI-21 3:THEoCONTROLLERoOFoEXAMINATIONS oBOARDoOFoSECONDARYoEDUCATION oASSAM oBAMUNIMAIDAM oGUWAHATI-21 4:INSPECTORoOFoSCHOOLS oNAGAONoDISTRICToCIRCLE oCHRISTIANPATTY oNAGAON oASSAM-782001 5:THEoHEADMASTER oNO.o2oSALMARABARIoMUKTABoSCHOOL oP.O.-SOLOGURI oDIST-NAGAON oASSAM-78212o Page No.# 2/3 Advocate for the Petitioner : MD S HOQUE Advocate for the Respondent : SC, SEBA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR