PARTHA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.C. Pathak, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Standing Counsel, SEBA. By means of this writ petition, the petitioner has prayed for a direction to the respondents to correct his date of birth recorded in the HSLC certificate as 28.11.1986 instead of 1.1.1985. The petitioner has also challenged the communication dated 12.6.2009 (Annexure-J) made to the father of the petitioner by the Assistant Controller of Examination, SEBA conveying the decision not to consider the request for change of date of birth on the ground of being time barred.

(2.) The petitioner was a student of Chhaygaon H.S. School, from which he appeared in the HSLC examination in 2001 and passed the same securing second division. In the HSLC certificate dated 19.6.2001, his date of birth was recorded as 1.1.1985. Referring to the Annexure-C, D and E documents, it is the case of the petitioner that he was born on 28.11.1986 and accordingly his date of birth could not have shown as 1.1.1985 in the HSLC certificate. It is the further case of the petitioner that because of clerical mistake, date of birth of the petitioner was wrongly recorded in the HSLC certificate as 1.1.1985 instead of 28.11.1986. The father of the petitioner had made a representation to the SEBA and the authority in the SEBA vide its Annexure-F letter dated 12.8.2004 informed the father of the petitioner that his application could not be considered on the following grounds:

(3.) The petitioner could not meet the objections. As per the averments made in paragraph-5 of the writ petition, the Headmaster of the school did not entertain the request made by the applicant and consequently could not meet the objections raised by the SEBA. Four years thereafter, the petitioner once again approached the SEBA authority vide Annexure-H representation dated 10.9.2008 and the application having been rejected on the ground of time barred vide the Annexure-J communication dated 12.6.2009, the petitioner has approached this Court by filing the instant writ petition.