Mainul Hoque Choudhury v. The State of Assam and 4 Ors

ORDER Date : 15.02.2024 Heard Mr. F. U. Barbhuiya, learned counsel for the petitioner. Also heard Mr. D. Neogi, learned standing counsel for the Secondary Education Department representing the respondent no. 1 and Mr. T. C. Chutia, learned standing counsel for the respondents no. 2, 3 & 5 and Mr. H. Ali, learned counsel appearing for the respondent no. 5.

¶2The petitioner by way of instituting the present proceedings has prayed for a direction upon the respondent Board for correction of his age recorded in his matriculation certificate as 16 years 2 months 13 days as of 01.03.1980. The petitioner had appeared in the Assam High Madrassa Examination, 1980 and was issued with an Admit card for the purpose. In the Admit card so issued, the age of the petitioner was of

01.03.1980, was shown as 15 years 2 months 13 days. The said examination was infact held in the year 1981. The petitioner cleared the Page No.# 3/4 said examination and the board issued to him a certificate. In the said certificate, the age of the petitioner has been recorded as 16 years 2 months 13 days as on 01.03.1980. This position is in variance with the recording of age in the Admit card. The petitioner approached the authorities praying for rectification of the said age as recorded in his matriculation certificate, inasmuch as, the said age as recorded would result in an erroneous calculation of his date of birth.

¶3The school from where the petitioner had appeared for his Assam High Madrassa Examination, 1980 had also taken up the matter before the Board authorities for correction of the age of the petitioner as recorded in the said certificate.The said correction not having been favorably considered by the Board authorities, the petitioner had instituted the present proceedings.

¶4The respondent Board has filed an affidavit in the matter and therein contended that the age of the petitioner as recorded in the Assam High Madrassa Examination, 1980 was so recorded as per the particulars forwarded by the school authorities. The school authorities had, reportedly, recorded the age of the petitioner as on 01.03.1980 as 16 years 2 months 13 days and the same was accordingly reflected in the said certificate by the Board.

¶5The affidavit as filed by the Board has also brought on record the statements of candidates appearing from the particular centre from where the petitioner had appeared in his Assam High Madrassa Examination, 1980. The particulars recorded therein reflect that the date of birth of the petitioner has been recorded as 18.12.1964. In the event, Page No.# 4/4 the date of birth of the petitioner is taken as 18.12.1964, then as on

01.03.1980, the petitioner would be 15 years 2 months 13 days and not 16 years 2 months 13 days as recorded in his Certificate pertaining to his Assam High Madrassa Examination, 1980.

¶6Mr. T. C. Chutiya, learned standing counsel for the SEBA fairly submits that the Board does not dispute the date of birth of the petitioner recorded in its record. He also submits that basing on the said date of birth; the petitioner would be only 15 years 2 months 13 days as on 01.03.1980.

¶7In view of the said position and the submission by Mr. T. C. Chutia, the date of birth as recorded in the records of the Board pertaining to the petitioner as 18.12.1964, not being disputed, this writ petition need not be kept pending and the same is disposed of directing the Secretary to the Secondary Education Department, Assam to issue a fresh certificate to the petitioner, certifying therein that basing on his date of birth i.e. 18.12.1964, the petitioner would be 15 years 2 months 13 days on the 01.03.1980. The authorities of the Board would also be required to issue to the petitioner a fresh certificate pertaining to his Assam High Madrassa Examination, 1980 and record therein the age of the petitioner as 15 years 2 months 13 days as of 01.03.1980.

¶8With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010179272023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4740/2023o MAINULoHOQUEoCHOUDHURYo S/O-oLATEoABDULoKHALEQUE,o VILL-oMAHERIPAR,o P.O-oKALIADINGIA,oP.S-oJURIA,oDIST-oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o EDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-06 2:BOARDoOFoSECONDARYoEDUCATIONB oREPRESENTEDoBYoTHEoSECRETARY o BOARDoOFoSECONDARYoEDUCATION oBAMUNIMAIDAM oGUWAHATI-o781021 oASSAM. 3:THEoSECRETARY oBOARDoOFoSECONDARYoEDUCATION oBAMUNIMAIDAM oGUWAHATI-o781021 oASSAM. 4:THEoCONTROLLERoOFoEXAMINATIONS oBOARDoOFoSECONDARYoEDUCATION oASSAMo oBAMUNIMAIDAM oGUWAHATI-o781021. Page No.# 2/4 5:THE PRINCIPAL BAGARIGURI H.S SCHOOL JURIA P.O- JURIA DIST- NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR