SARIFUZ ZAMAN Vs. BOARD OF SECONDRY EDUCATION ASSAM

JUDGEMENT

(1.) This appeal is preferred against the order dated 7.8.2000 passed by the learned Single Judge in Writ Petition (C) No. 3368 of 2000. We have heard Sri U. Bhuyan, learned counsel for the appellant and Mr T. Chutia, learned counsel appearing for the Board of Secondary Education, Assam, the State counsel represents the respondents No. 2 and 3. Since the question involves is short one it is proposed to dispose of the Appeal finally at this stage itself as no useful purpose would be served keeping the matter pending unnecessarily.

(2.) The case of the petitioner/appellant is that he passed Matriculation Examination from the Diphu Government Boys' Higher Secondary School in the year 1991 conducted by the Board of Secondary Education, Assam. Thereafter he passed Higher Secondary Examination as well as B.Sc. Examination in the year 1998 and presently has been undergoing computer course. The case of the petitioner/appellant further is that his actual date of birth is 16.8.1975 which is so mentioned in all the records of the schools and colleges but due to mistake of the Diphu Boys' Higher Secondary School the date of birth was wrongly mentioned as May 30, 1974. The mistaken date of birth as forwarded by the school crept into the admit card. The writ petitioner/appellant did not realise the importance of the same, therefore took no steps for correction of his date of birth from 30.5.1974 to 16.8.1975 until he could understand its implication. He applied for correction of his age through the proper channel namely Principal, In-Charge of Diphu Government Boy's Higher Secondary School. Copy of the application dated 12th October, 1999 has been filed as Annexure-C along with the memo of appeal. The Principal in turn forwarded the application to the Secretary, Board of Secondary Education, Assam. It has been indicated in the letter written by the Principal that the age of the petitioner/appellant is/was recorded as 16.8.1975 in the School record and in the admission register. It was by mistake that while filling up the form of HSLC Examination his age was wrongly recorded as May 30,1974. In the letter he wrote that it is a clerical mistake and it may fbe corrected. The Inspector of Schools also wrote to the Secretary of the Board of Secondary Education, Assam for correction of the age of the appellant. For the petitioner/ appellant it is submitted that requisite fee etc. was deposited but no order has been passed by the Board on the application, hence he approached this Court by filing the writ petition which has been dismissed without indicating any reason only observing that there was no merit in the petition.

(3.) Learned counsel appearing for the respondents/Board namely Sri T.C. Chutia submits that under the regulation framed by the Board for conducting the Board's examination, it is provided under Regulation 8 that no application for correction of age is to be entertained after three years of issue of the certificate by the Board. Therefore, there is no occasion for the Board to consider the application for correction of his age, since the examination was held in the year 1991 and the application was moved in the year 1999.