Page No.# 1/3 GAHC010050792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1555/2025 SARAT CHANDRA KALITA SON OF BADAN CHANDRA KALITA, RESIDENT OF HOUSE NO- 25, BIDYANAGAR, BYELANE NO.1, NAMGHAR PATH, P.O- PANJABARI - 781037, GUWAHATI, KAMRUP(M), ASSAM. VERSUS THE SECRETARY ASSAM STATE SCHOOL EDUCATION BOARD (ASSEB) GOVT. OF ASSAM, BAMUNIMAIDAN, GUWAHATI- 781021. Advocate for the Petitioner : MR. A K SHARMA, M DEVI Advocate for the Respondent : SC, SEBA, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.07 .2025 Heard Mr. A.K. Sharma, learned counsel for the petitioner. Also heard Mr. D.K. Roy, learned Standing Counsel for the SEBA. This writ petition is filed by the petitioner, who is presently serving as an Executive Engineer at PWD Division, Sonitpur, Assam. The petitioner joined the Page No.# 2/3 service in year 1992 and he passed his High School Leaving Certificate Examination in the year 1984. In his school certificate the date of birth was wrongly recorded as 31.09.1965, which subsequently corrected as 30.09.1965 by the authorities of the Secondary Education Board of Assam with an endorsement on the said certificate on 28.06.1995. The claim projected by the petitioner is that as per his horoscope he was born on 22.09.1969. It is his submission that the school leaving certificate had wrongly recorded his date of birth which is contrary to the actual date of birth reflected in the horoscope. The learned counsel for the petitioner submits that inspite of the petitioner had represented before the authorities concerned, however they have failed to correct his date of birth. As per the date of birth recorded in the service book it is seen that the petitioner will superannuate on 30.09.2025. Therefore, the learned counsel for the petitioner prays before the Court to issue directions to the respondents to correct his date of birth. Mr. D.K. Roy on the other hand has placed before the Court that the instructions received from the Assam State School Education Board which is the erstwhile “Secondary Education Board of Assam”. On the basis of the instructions he submits that after 41 years of passing HSLC and at end of his service career the correction of the date of birth cannot be accepted. The learned counsel for the petitioner submits that he should be granted liberty to file a detailed representation before the authority and if such a representation is filed, the authority concerned will look into his grievances and pass appropriate orders. Considering the submissions made, this Court is not inclined to issue any Page No.# 3/3 direction to the respondent authority to consider the claim. There is no merit in the writ petition, in view of the clear law laid down by this Court as well as by the Apex Court that correction of date of birth is not permitted at the end of his service career. However, in view of the prayer made by the counsel for the petitioner seeking liberty to file an application before the authority the closure of the writ petition will not be considered a bar to file an application before the authority ventilating his grievances within a period of two weeks from today. If such a representation is filed before the authority, the authority concerned will look into his grievances and pass an appropriate order in terms of the law and procedure laid down within further period of two weeks thereof. In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant