Tripura High Court
Sri Nitai Chandra Paul vs The State Of Tripura And Ors on 11 December, 2019
Author: Akil Kureshi
Bench: Akil Kureshi
Page - 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.711/2019
Sri Nitai Chandra Paul.
.............. Petitioner(s).
Vs.
The State of Tripura and Ors.
.............. Respondent(s).
For Petitioner(s) : Mr. A Nandi, Advocate.
For Respondent(s) : Mr. Debalaya Bhattacharjee, Govt. Advocate, Mr. D C Saha, Advocate, Mr. N Majumder, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI _O_R_D_E_R_ 11.12.2019 The petitioner has challenged the reports dated 15th February, 2019 and 8th March, 2019 issued by respondent Nos.5 and 6 under which the said authorities i.e. the Headmaster and Assistant Headmaster of Bodhjung Boy's Higher Secondary School had stated that there was no record of the petitioner Nitai Chandra Paul having studied in Class VI, Section B of the said school in the year 1968.
[2] The petitioner has produced a document purported to be a true copy of the certificate of the then Headmaster of the said School stating that said Sri Nitai Chandra Paul had been a student of the said institution since 22nd January, 1960 to 31st December, Page - 2 of 5 1973 from Class - VI to Class X and his date of birth according to the record of the school was 16th January, 1958. [3] This document which is purportedly written in 1975 is unsigned. It merely carries a typographical description that the same was signed by one Sri B Bhattacharjee the then Headmaster of the school. The petitioner badly requires an authentication of the said document on the ground that the Government of Assam has initiated National Register of Citizens (for short 'NRC') process and the petitioner has made a prayer for enrolment of his name in the register to be prepared pursuant to such exercise. The petitioner would point out that his name was found in the first draft however in the second draft published by NRC his name was missing. [4] The school authorities, by impugned communications conveyed to the petitioner that there is no record of him having enrolled in the said school in Class VI in the year 1968. The petitioner has, therefore, filed this petition for appropriate reliefs. [5] Being a case where the petitioner's inclusion in the NRC list depends, I had taken pains to appreciate the petitioner's grievances and see if law provides for relief, as claimed by the petitioner or one which can be granted after moulding. [6] The said document dated 10th May, 1975 purportedly a true copy of certificate of the Headmaster of the school evidencing the petitioner's enrolment in the school in the year 1968 is a typed copy without any signature. The petitioner would, therefore, Page - 3 of 5 obviously require some further corroboration and consequent authentication of the said document. This is precisely the reason why the petitioner has filed this petition. [7] Previously orders were passed by this Court directing the school authorities to verify the record and produce the documents around the said controversy whether the petitioner had in fact been admitted in the said school in Class VI in the year 1968. No headway could be made pursuant to such interim directions. Eventually, I have heard the matter finally today. [8] In a letter dated 17th August, 2019 written by the advocate of the petitioner to the Headmaster of the school, he had demanded following documents :
"(1) Admission Register of Class-VI of Bodhjung Higher Secondary School for the year 1968;
(2) Attendance Register of Bodhjung Class-XI school for the period w.e.f 1968 to 31st day of December, 1973.
(3) Register of admit card(issue register) of Bodhjund Higher Secondary school for the period 1974;
(4) Mark sheet register of private candidates of Bodhjung Higher Secondary school having record of supplementary Higher Secondary examination of September, 1974."
[9] Learned counsel for the school had produced before me an admission register of the school for Classes VI to VIII for the period between 1968 to 1987. This register would thus cover the Page - 4 of 5 first of the documents desired by the petitioner to be produced. Being a document in Bengali, I had requested the counsel for the petitioner to peruse the same and state whether the school authorities are correct in stating that the name of the petitioner is not found in this register for Class VI of the year 1968. He agreed that the statement of the authorities in this respect is correct. That being the position, the petitioner's said document dated 10th May, 1975 does not get support from the register of the school. [10] The request for production of the remaining documents, noted above, cannot be granted. These documents are based on the petitioner's contention that the respondent No.7 was a co- student in the same school and whose name is also not found in the admission register for Class VI in the year 1968 but in his favour mark sheets and other documents are issued by the school. After a gap of nearly 50 years it is not possible to call upon the school to explain any such discrepancy even if it exists. In any case, the petitioner must stand on his own strength and cannot rely upon any discrepancy in case of the respondent 7 merely by declaring that he was a co-student, a fact itself open to a challenge.
[11] Under the circumstances, the petitioner's prayers cannot be granted. Before closing, however, it is observed that it will be open for the petitioner's to pursue his request for being included in the NRC list independently on the basis of other Page - 5 of 5 evidence and documents which he may be in possession of. Disposal of this petition would not be a bar for the petitioner for approaching this Court again in case in connection with some other official documents if the petitioner has any grievance.
With these observations the petition is disposed of.
( AKIL KURESHI ), CJ Sukhendu