DIBYAJYOTI BHUYAN v. THE STATE OF ASSAM AND 4 ORS.
WP(C)/6896/2024 · 2025-05-22
Robin Phukan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 22073 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22073 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010272452024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6896/2024 DIBYAJYOTI BHUYAN SON OF LATE BHOGESWAR BHUYAN, RESIDENT OF VILL- MAJGAON, P.O.- PANBARI, P.S. NARAYANPUR, DIST.- LAKHIMPUR, ASSAM, PIN- 784164 VERSUS THE STATE OF ASSAM AND 4 ORS. TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE DIST.- LAKHIMPUR ASSAM 4:THE ASSAM STATE SCHOOL EDUCATION BOARD (TO BE REPRESENTED BY ITS SECRETARY BAMUNIMAIDAM GUWAHATI-21) 5:THE PRINCIPAL MADHABDEV COLLEGIATE H.S. SCHOOL
Page No.# 2/4 P.O.- PANBARI P.S.- NARAYANPUR DIST.- LAKHIMPUR ASSAM PIN- 78416 Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,MR S ABDULLAH,MR N A MAZARBHUIYA Advocate for the Respondent : SC, SEBA, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 23.05.2025 Heard Mr. AR Bhuyan, learned counsel for the petitioner and Mr. DK Roy, learned Standing Counsel, Assam State School Education Board (ASSEB). 2. Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage. 3. It is the case of the petitioner that he completed his matriculation in the year 1984 and in his High School Leaving Certificate, his date of birth has been wrongly reflected as 27.02.1967 instead of 27.02.1971. According to the petitioner, his correct date of birth has been reflected in his Electoral Roll and also in the Next of Kin Certificate issued by the Government Village Headman on
13.12.2023. On the strength of the said documents, the petitioner sought for correction of his date of birth by filing two representations dated 26.07.2024 and 05.08.2024 before the Secretary, Board of Secondary Education, Assam. Since the representations have not been considered and disposed of, the
Page No.# 3/4 petitioner before this Court. 4. Mr. Bhuyan, learned counsel for the petitioner submits that the limited prayer of the petitioner at this stage is for a direction to the concerned respondent authority to consider the representations submitted by him for correction of his date of birth. The learned counsel submits that the competent authority, who makes such consideration, is ASSEB, who have been arrayed as the respondent no. 4 in the instant writ petition. 5.
The learned Standing Counsel, ASSEB submits that there are certain rules and procedures prescribed for alteration of the date of birth wrongly entered in the Certificate and that the petitioner’s representation for correction of the date of birth will be governed by such procedures. 6. Having regard to the above projection, this Court is of the view that the representation of the petitioner should be considered by the respondent authority by taking a decision. The petitioner is permitted to file a concise and precise representation with all supporting documents before the Secretary, Assam State School Education Board, (respondent no. 4) requesting for correction of his date of birth within a period of 10 days from today. The respondent no. 4 on receipt of the said representation, shall consider the same and take a decision in accordance with law within a period of one month thereafter by passing a reasoned and speaking order which would be communicated to the petitioner. 7. With the above observation and direction, the writ petition stands disposed of. The petitioner shall, within two days from today, file the corrected cause title
Page No.# 4/4 in terms of the order dated 12.02.2025 passed in IA(C)/208/2025 before the Registry of this Court whearefter the Registry shall do the needful. JUDGE Comparing Assistant