Page No.# 1/5 GAHC010084232022 2025:GAU-AS:3740- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/203/2022 PRODIP GOGOI S/O LATE DURNA KANTA GOGOI, RESIDENT OF KAHILIPARA, DAKHINGAON, HOUSE NO. 141, KAHILIPARA DAKHINGAON, SONAIGHULI ROAD, PS DISPUR , PO KAHILIPARA, GUWAHATI 781019, DIST KAMRUP( M ) ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, ASSAM SACHIVALAYA DISPUR, GUWAHATI , 6 2:THE COMMISSIONER AND SECY. TO THE GOVT.OF ASSAM GENERAL ADMINISTRATION DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI 6 3:THE SECRETARY TO THE GOVT.OF ASSAM GENERAL ADMINISTRATION DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI 6 4:THE COMMISSIONER AND SECY. TO THE GOVT.OF ASSAM EDUCATION DEPARTMENT ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI Page No.# 2/5 6 5:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 6:THE DEPUTY SECRETARY TO THE GOVT.OF ASSAM GENERAL ADMINISTRATION ( SECTT. GAZETTED CELL) DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI 6 7:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAM GUWAHATI-21 8:THE INSPECTOR OF SCHOOLS SIBSAGAR DISTRICT CIRCLE SIBSAGAR PIN-785640 9:THE PRINCIPAL DEMOW H.S SCHOOL DEMOW DIST- SIVASAGAR ASSAM PIN-78566 For the appellant : Mr. B. Sinha Mr. H. Islam, Advocates For the respondents : Mr. T.C. Chutia, S.C., SEBA for respondent No.7 Mr. N. Boruah, Advocate for Respondent No.9 Page No.# 3/5 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 01-04-2025 (Vijay Bishnoi, C.J.) This writ appeal is preferred on behalf of the appellant being aggrieved with the order dated 30.03.2022 passed in WP(C) 902/2022, whereby the learned Single Judge has dismissed the writ petition. 2. The appellant was initially appointed as Typist in the Assam Secretariat on 07.07.1987 and later on, he was promoted to the post of Superintendent and at the relevant time he was discharging duties in the department of Panchayat & Rural Development Department at Assam Sachivalaya. He moved an application to the Chief Secretary as well as the Joint Secretary of the Government of Assam with the prayer for change of his date of birth mentioned in the service record. The claim of the appellant was that his date of birth is 01.09.1964 whereas in the Service Book his date of birth is recorded as 01.03.1962. The Government of Assam rejected the appellant’s request vide communication dated 28.12.2021 by referring to Rule SR-8, which provides that any request for change in the date of birth of a Government servant must be made prior to three years of the date of his/her actual superannuation and no request for change of date of birth shall be entertained which is not made within three years from the date of superannuation. Since the appellant’s application for change of his date of birth is filed on 06.12.2021, i.e. only 3 months 25 days prior to the date of his superannuation, which is scheduled on 31.03.2022, the same is not liable to be accepted. 3. Being aggrieved, the appellant filed the above-referred writ petition with Page No.# 4/5 the prayer for setting aside the order dated 28.12.2021 and also with the prayer to issue a direction to the respondents to change his date of birth from 01.03.1962 to 01.09.1964. The learned Single Judge has rejected the prayer of the appellant and has dismissed the writ petition by making the following observations:- “6. I have heard the learned counsels for the parties. 7. The petitioner’s date of birth is 01.03.1962, as per the HSLCE matriculation certificate issued by the Board of Secondary Education Assam. 8. Though the petitioner had made a representation to the Board of Secondary Educating for correction of his date of birth, the same was rejected in the year 1989. The representation submitted to the Education Department in the 1988 had also been rejected. 9. The petitioner has however chosen to approach this Court for correction of his date of birth at the fag end of his career i.e, on 02.02.2022, while as per the Service Book the petitioner is to retire tomorrow i.e., on 31.03.2022. 10. It is settled law that the request for change of date of birth in the service record at the fag end of service is not sustainable. Further, the certificate issued by the Principal of Demow High School dated Nil, which is to the effect that the petitioner’s date of birth as on 01.03.1979 was 14 years 6 months, cannot be accepted, in view of the matriculation certificate having recorded the petitioner’s date of birth as 17 years 0 months and 0 days as on the 1st March 1979. 11. In view of the above reasons and also due to laches, this Court does not find any reason to exercise its discretion with regard to petitioner’s prayer for correction of his date of birth. 12. Writ petition is accordingly dismissed.” 4. It is not in dispute that the date of birth of the appellant was recorded in the Service Book on the basis of the certificate of High School Leaving Certificate (HSLC) Examination, according to which the date of birth of the appellant is 01.03.1962. The appellant attempted to get the said date of birth changed in the HSLCE certificate by approaching the Board in the year 1989. However, the said request came to be rejected in the year 1989. Thereafter, the Page No.# 5/5 appellant never made any attempt for changing his date of birth mentioned in the HSLCE certificate and approached the State Government for changing his date of birth only prior to 3 months 25 days from the date of his superannuation. The State Government rejected the said prayer referring to Rule SR-8 which, in our view, cannot be said to be illegal in any manner. 5. The learned Single Judge, after considering all the above facts and circumstances of the case, has rightly not interfered in the matter and hence, we do not find any force in the writ appeal and the same is, therefore, dismissed. JUDGE CHIEF JUSTICE Comparing Assistant