Gauhati High Court
Sidheswar Das vs The State Of Assam And 4 Ors on 12 June, 2020
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
Page No.# 1/3
GAHC010004582020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 231/2020
1:SIDHESWAR DAS
S/O- LT. DHIREN DAS, R/O- VILL. PUB DHARAMTUL, P.O. DHARAMTUL,
P.S.- JAGIROAD, DIST- MORIGAON, ASSAM, PIN- 782412.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY., GOVT. OF ASSAM, PWD (B) DEPTT.,
DISPUR, GHY-06.
2:THE BOARD OF SECONDARY EDUCATION
ASSAM
BAMUNIMAIDAN
GUWAHATI-21.
3:THE SECY.
BOARD OF SECONDARY EDUCATION
ASSAM
BAMUNIMAIDAN
GHY.-21.
4:THE INSPECTOR OF SCHOOLS
MORIGAON DISTRICT CIRCLE
MORIGAON
ASSAM
PIN- 782105.
5:THE HEAD MASTER
DHARAMTUL GOVT. AIDED HIGH SCHOOL
DHARAMTUL
P.O. DHARAMTUL
DIST.- MORIGAON
(ASSAM)
PIN- 782412
Page No.# 2/3
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : SC, PWD
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
12.06.2020 Heard Mr. S. Islam, learned counsel for the petitioner as well as Mr. P. Nayak, learned counsel representing respondent no.1. Also heard Mr. D. Roy, learned counsel representing respondent nos.2 and 3 and Mr. R. Mazumdar, learned counsel representing respondent no.4.
Petitioner seeks correction of his Date of Birth from 28.11.1963 to 28.11.1966. Such correction, according to him, is required to be made in the HSLC Admit Card, HSLC Pass Certificate and in the Service Book. Prayer for correction is made after about 37 years from the time when his Date of Birth was recorded in the HSLC Examination of 1982 and, that too, on the basis of a Certificate issued by the Headmaster, Dharamtul Secondary School dated 31.10.2019. Affidavit-in- opposition on behalf of respondent nos.2 and 3 is on record. The Headmaster issuing the Certificate dated 31.10.2019, arrayed herein as respondent no.5, is not the same Headmaster who had issued the School Certificate dated 30.06.1982. Prima facie, this Court is of the opinion that the prayer made in the writ petition is not bonafide.
Be that as it may, it would be important to learn from the respondent no.5 i.e. Headmaster of Dharamtul Government Aided High School, Dharamtul, District-Morigaon under what circumstances and on what basis the Certificate dated 31.10.2019 had been issued to the petitioner. This Court is also of the opinion that in case the said respondent no.5 fails to explain satisfactorily, suitable direction will have to be made to the appropriate authority for initiating action against the said respondent no.5.
Petitioner shall serve a copy of the writ petition along with a copy of this order to the respondent no.5 within 1 (one) week. At the same time, Mr. R. Mazumdar, learned counsel representing the Secondary Education Department shall also make arrangement for furnishing a copy of this order to the said respondent no.5.
Page No.# 3/3 List for Motion again on 26.06.2020.
A copy of this order be made available to Mr. Islam as well as Mr. Mazumdar during the course of the day.
JUDGE Comparing Assistant