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2026 DAILYLAW 17080 (GAU)

MD ABDUL KADER v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/2470/2025 · 2026-01-04

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010091792025 2026:GAU-AS:7 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2470/2025 MD ABDUL KADER S/O LATE AHMED ALI MUNSHI, VILL- PASHUARKHAL PT.II, P.O.- BOALAKAMURI, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE BOARD OF ELEMENTARY EDUCATION ASSAM DIST- DHUBRI ASSAM PIN-783301 4:THE BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAM PIN-78102 Advocate for the Petitioner : MR. N ISLAM, MR. T K DEY Advocate for the Respondent : SC, ELEM. EDU, SC, SEBA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 05.01.2026 Heard Mr. T. K. Dey, learned counsel for the petitioner, who submits that the petitioner is aggrieved with the wrong entry of his date of birth in his Matriculation certificate, wherein, he has been shown to be born on 11.02.1966. The learned counsel submits that the petitioner has only enclosed the admit card showing his date of birth and that even in the Matriculation certificate his date of birth has been entered as 11.02.1966. The learned counsel submits that although the petitioner submitted prayer for correction of his date of birth as 15.01.1968 on the basis of his Class- IV certificate but the respondent authority concerned has not considered his representation and therefore he is before this Court. [2.] Mr. D. K. Roy, learned Standing Counsel, Assam State School Education Board (ASSEB), submits that as per the relevant provisions of the board such correction can be made within three (3) years of issuance of the certificate from the commencement of the examination but here is a case, where the petitioner has sought for such correction at the fag end of his service. [3.] Be that as it may, having regard to the fact that the petitioner prays for consideration of his representation and passing of a speaking Order, this Court proposes to disposed of this writ petition at this stage by directing the petitioner to file a fresh representation stating precisely the ground on which he seeks correction of his date of birth with supporting documents, if any, within a period of one (1) week from today. The representation shall be addressed to the Page No.# 3/3 Secretary of ASSEB and the said authority upon receipt of the same shall consider and dispose of the representation within a period of fifteen (15) days thereafter by passing a reasoned and speaking Order. [4.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant