Page No.# 1/7 GAHC010107742022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3709/2022 SAIDUR RAHMAN S/O- LATE JAMSHED ALI R/O- VILLAGE TENGAGURI, P.O- TENGAGURI P.S- LAHARIGHAT DIST- MORIGAON, ASSAM, PIN-782127 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT DISPUR, GUWAHATI-781006 2:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAM GUWAHATI-21 3:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT P.O AND P.S - LAHARIGHAT DIST- MORIGAON ASSAM PIN-782127 4:THE HEADMASTER PHALIHAMARIPAM M.V SCHOOL VILLAGE-PHALIHAMARIPAM Page No.# 2/7 P.O AND P.S- BHURAGAON ASSAM PIN 78212 Advocate for the Petitioner : MR. D M H R KHAN, MS. N GOSWAMI,MR. N ISLAM Advocate for the Respondent : SC, SEBA, MR. B U LASKAR (R-4),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08-06-2026 Heard Mr. D.M.H.R. Khan, learned counsel for the petitioner. Also heard Mr. D.K. Roy, learned standing counsel, Assam State School Education Board (ASSEB). 2. The petitioner in the present writ petition has raised a grievance with regard to non-consideration of his application submitted before the authorities of the Assam State School Education Board (ASSEB) for correction of his date of birth as recorded in his HSLC examination records of 1984. 3. As projected in the writ petition, the petitioner, herein, had appeared for his HSLC examination in the year 1984 and had cleared the same. The authorities of the then Board of Secondary Education, Assam (SEBA) had issued the petitioner a certificate in this connection. In the said certificate, the date of birth of the petitioner was recorded as “01- 10-1966”. The petitioner, thereafter, is found to have been appointed as an Assistant Teacher in the Phalihamaripam M.V. School vide order dated 30-01-1996. After the appointment of the petitioner, as an Assistant Teacher had occasioned, he is projected to have submitted an application before the Secretary, Board of Secondary Education, Assam Page No.# 3/7 (SEBA) for correction of the date of birth, recorded in his HSLC records as “01-04-1968” in place of “01-10-1966”. The petitioner, thereafter, is also found to have obtained a birth certificate after registering his birth with the authorities of the Directorate of Health Services, Assam, on 02-11-1997. The petitioner’s date of birth not being corrected even after his birth certificate was placed before the respondents, the petitioner has instituted the present writ petition. 4. The learned counsel for the petitioner by reiterating the said facts submitted that birth certificate of the petitioner would reveal that the actual date of birth of the petitioner is “01-04-1968” and not “01-10-1966”, as recorded in his HSLC certificate. The learned counsel for the petitioner has also referred to the endorsement made on the body of his representation dated 08-02-1997, by the Principal of the School, wherefrom, the petitioner had appeared in his HSLC examination, as well as a communication dated 30- 03-1998 issued by the Assistant Inspector of Schools, Morigaon District Circle, Morigaon, wherein, the fact that the date of birth of the petitioner was “01-04-1968” was reiterated. The learned counsel for the petitioner, accordingly, submits that the petitioner is entitled to have his actual date of birth recorded in his HSLC records and accordingly, an appropriate direction be issued to the Assam State School Education Board (ASSEB) to correct his HSLC records and record therein the correct date of birth of the petitioner. 5. Per contra, Mr. D.K. Roy, learned standing counsel, Assam State School Education Board (ASSEB) has submitted that the date of birth of the petitioner was not recorded by the authorities of the then SEBA, on their own motion but the said date of birth was recorded basing on the particulars set out in the Manuscript Registration Sheet (MRS) Page No.# 4/7 furnished by the School authorities with regard to the particulars of the students appearing from the said School in the HSLC examination, 1984. Mr. Roy by referring to the MRS submitted by the School authorities in the matter has submitted that the date of birth of the petitioner, therein, was recorded as “01-10-1966” by the School authorities. He submits that, accordingly, basing on the said particulars furnished by the School authorities, the date of birth of the petitioner in the records of the then SEBA was recorded as “01-10-1966”. Mr. Roy further submits that the correction, if any, with regard to any particulars mentioned in the HSLC certificate is required to be so made by submitting an application within 03 (three) years of the date of issuance of the such certificate. Mr. Roy, learned counsel for the respondent submits that the petitioner had cleared his HSLC examination in the year 1984, however, the first application for correction to his date of birth was so preferred only on 08-02-1997. Accordingly, Mr. Roy submits that the both on the count, there was no mistake occasioning on the part of the authorities of the then SEBA, in recording the date of the birth of the petitioner and the delay occasioning on the part of the petitioner in making an application for correction of his date of birth, the claim made by the petitioner, in the present writ petition, would not mandate acceptance from this Court. 6. I have heard the learned counsel for the parties and have also perused the materials available on record. 7. The petitioner, herein, had admittedly passed his HSLC examination in the year 1984, with Roll-35 No. 89. The authorities of the then SEBA had in this connection issued to the petitioner his HSLC examination 1984 certificate and therein, the date of birth of Page No.# 5/7 the petitioner was recorded as “01-10-1966”. The petitioner is found to have, thereafter, pursued his further studies and on acquiring the requisite eligibility is further found to have appointed as Assistant Teacher in Phalihamaripam M.V. School by an order dated 30- 01-1996, issued by the District Elementary Education Officer, Morigaon. Till the petitioner was recruited as an Assistant Teacher in the said School vide issuance of an order dated 30-01-1996, the petitioner is found to have not raised any objection with regard to the recording of his date of birth in his HSLC certificate. 8. After around a lapse of 01 (one) year from the date of recruitment as Assistant Teacher vide order 30-01-1996, the petitioner is found to have submitted an application to the then Secretary, SEBA on 08-02-1997. On the body of the said application, the Principal of Buragaon Haricharan Sarkari Higher Secondary School if found to have made an endorsement to the effect that the date of birth of the petitioner, as per School record, was “01-04-1968” and not “01-10-1966” as recorded in his HSLC certificate. The petitioner, thereafter, is found to have obtained a birth certificate from the Directorate of Health Services. A perusal of the said birth certificate, would go to reveal that the application for the same was so registered on 02-11-1997 and the certificate was issued to the petitioner on 13-02-1998. While the said certificate has been brought on record, the petitioner in the writ petition has not brought on record any material to demonstrate that the delayed registration of his date of birth was so effected by strictly complying with the provisions of the Registration of Birth & Death Act, 1969, and the same was so done after the approval of the designated authority competent to condone the delay in registration of his birth, was so received. Accordingly, in the considered view of this Court, Page No.# 6/7 the said birth certificate would be of no consequence and would not mandated to be so reckoned for the purpose of considering the claim made by the petitioner, in the present writ petition. 9. This Court from the affidavit filed by the then authorities of the SEBA, finds that the date of birth of the petitioner in his HSLC certificate was recorded basing on the particulars furnished by the authorities of the School, from where he had appeared in the HSLC examination in the year 1984, i.e. Buragaon Haricharan Sarkari Higher Secondary School. A perusal of the particulars so furnished in respect of the petitioner reveals that the date of birth of the petitioner was recorded as “01-10-1966”. The authorities of the then SEBA had recorded the date of birth of the petitioner in their records strictly basing on the particulars furnished by the said School authorities. Further, as per Regulations holding the field, any erroneous recording of the fact in a HSLC certificate, is permitted to be corrected, provided an application in this connection is made within 03 (three) years from the date of the examination concerned, along with payment of necessary fees. However, in the present case it is found that the petitioner had appeared in his HSLC examination in the year 1984 and after 13 (thirteen) years of having so appeared in the said examination, an application for correction to his date of birth as recorded in his HSLC certificate came to be made on 08-02-1997. The delay occasioning on the part of the petitioner in approaching the respondent No. 2 for correction of his date of birth is not explained in the writ petition. Accordingly, this Court is of the considered view that the application as submitted by the petitioner, for correction of his date of birth is with a view to take a chance of extending his service period, after he was appointed as Assistant Page No.# 7/7 Teacher in Phalihamaripam M.V. School. Accordingly, the claim made by the petitioner in the present writ petition is found to be not acceptable. 10. In view of the above discussions, this Court is of the considered view that the prayer made by the petitioner in the writ petition would not mandate acceptance and accordingly, the same stands rejected. 11. The present writ petition is held to be devoid of any merit and the same, accordingly, stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant