NARJINA PARVIN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) In this proceeding, the real issue involved is as to whether the date of birth of the petitioner is 30.9.1987 or 1.9.1985. As per the Admit Card issued in favour of the petitioner by the Board of Secondary Education, Assam, her date of birth is 30.9.1987. The Admit Card recording her date of birth as 30.9.1987 is pertaining to the H.S.L.C. Examination, 2003.

(2.) The petitioner contested the Zila Parishad election held in 2007 declaring her date of birth as 1.9.1985, which is contrary to the age recorded in the H.S.L.C. Admit Card and also her own stand in the application filed in the office of the particular political party seeking ticket to contest the election. A copy of the said application dated 7.2.2007 has been annexed as Annexure B-1 to the counter affidavit filed by the respondent No. 6. In the said application, the petitioner declared her age as 30.9.1987.

(3.) When the matter rested thus, the petitioner obtained the Annexure-6 certificate dated 10.12.2007 issued by the Senior Medical and Health Officer, South Salmara P.H.C. In the said certificate, her date of birth was recorded as 1.9.1985, contrary to her aforesaid declared age. It is the case of the petitioner that she has obtained the said certificate on the basis of the Annexure H-1 certificate dated 14.9.1985 issued by the particular Gaon Panchayat (Jamadarhat Gaon Panchayat). In the said certificate, her date of birth was shown as 1.9.1985. It will be pertinent to mention here that in the said certificate dated 14.9.1985 the name appears is that of one Musstt. Narzina Khatun and that of her parents as Arfan Ah Sheikh and Begum Anima Khatun, However, in Annexure-6 certificate dated 10.12.2007 issued by the Senior Medical and Health Officer, South Salmara PHC, the name shown is Narjin Parvin and that of her mother as Akola Khatun. Such variation in the names is sought to be explained by Annexure 4 affidavit filed on 10.12.2007 declaring that the original name of the petitioner is Narjina Parvin and that of her parents Arfan Ali and Akola Khatun.