Rubel Nath vs Union Of India And 3 Ors
2022 Latest Caselaw 1676 Gua

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GAHC010001832021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/419/2021

         RUBEL NATH
         S/O SRI RATAN NATH
         RESIDENT OF LAKHIMI NAGAR, PO AND PS HATIGAON, DIST KAMRUP M
         ASSAM



         VERSUS

         UNION OF INDIA AND 3 ORS.
         REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HUMAN
         RESOURCE DEVELOPMENT, GOVT. OF INDIA, SHASTRI BHAWAN, C WING,
         DR. RAJENDRA PRASAD ROAD, NEW DELHI 11001

         2:THE CHAIRMAN
          CENTRAL BOARD OF SECONDARY EDUCATION (HEAD OFFICE) SHIKSHA
         SADAN
          17 INSTITUTIONAL AREAS ROUSE AVENUE
          NEW DELHI 110002

         3:THE REGIONAL OFFICER

          REGIONAL OFFICE
          CENTRAL BOARD OF SECONDARY EDUCATION
          SHILPOGRAM ROAD
         (NEAR SANKARDEV KALAKSHETRA) PANJABAR
          GUWAHATI 781037

         4:THE HEADMASTER

          GOVERNMENT SECONDARY SCHOOL
          MANHOFAI
          PO AND PS NAMSAI
          DIST NAMSAI
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             ARUNACHAL PRADESH
             792100

Advocate for the Petitioner   : MR. D P BORAH

Advocate for the Respondent : ASSTT.S.G.I.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                             ORDER

Date : 18-05-2022

Heard Mr. D P Borah, learned counsel for the petitioner. Also heard Mr. K K Parasar, learned counsel for the respondent no. 1 and Ms. R Bora, learned counsel for the respondents no. 2 and 3 being the authorities under the Central Board of Secondary Education.

2. Considering the nature of the order proposed to be passed, notice is not required to be issued on the respondent no. 4.

3. The petitioner appeared in the Secondary Education School examination conducted by the Central Board of Secondary Education (for short, CBSE) for the session 2010-2012 and in the mark-sheet as well as admit card, the date of birth of the petitioner is recorded as 29.08.1996. According to the petitioner, the correct date of birth is 30.08.1995 and not 29.08.1996 as recorded in the documents of the CBSE. Accordingly, a representation dated 03.08.2019 was made before the Regional Officer, Central Board of Secondary Education at Guwahati by the Headmaster of Government Secondary School, Manhofai in the Namsai district of Arunachal Pradesh where the petitioner studied. The said application by the Headmaster was made pursuant to a representation submitted by the petitioner to the Headmaster concerned.

3. Along with the representation of the Headmaster dated 03.08.2019, the following documents were enclosed:

"Enclosed:

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1. Certified copy of admission form of L.K.G. (Green View School, Namsai)

2. Certified copy of the admission register of L.K.G (Green View School, Namsai)

3. Certified copy of admission form of Class-IX (nine)(Govt. Secondary School, Manhofai)

4. Certified copy of admission form of Class-IX (nine) (Govt. Secondary School, Manhofai)

5. Certified copy of Date of Birth certificate.

6. Certified copy of L.O.C."

4. The respondents in the CBSE had not given a due consideration to the representation of the Headmaster dated 03.08.2019 and in the circumstance, this writ petition was instituted.

5. A stand was taken by the CBSE that as the representation was submitted at much belated stage, therefore, it cannot be entertained any further. In the meantime, the Supreme Court in its judgment dated 03.06.2021 in Civil Appeal No. 3905/2011 and other similar appeals had decided the issue that limitation should not be a constrain for entertaining a representation for recording the correct date of birth, if otherwise, the ancillary public documents like Adhar Card, Birth Certificate etc. supports the requirement of such correction in the date of birth.

6. In view of the proposition laid down by the Supreme Court, providing for absence of any limitation, for the purpose, we direct the Regional Officer, Central Board of Secondary Education at Guwahati to pass a reasoned order on the representation dated 03.08.2019 of the Headmaster of Government Secondary High School, Manhofai, in Namsai district, Arunachal Pradesh which is available as Annexure-6, page-19 of the writ petition and pass a reasoned order on the claim of the petitioner for a correction of the date of birth.

7. For the purpose, the petitioner is allowed to submit any further public documents that the petitioner may seek to rely upon in order to facilitate the passing of the reasoned order.

8. If any other documents are to be submitted, the petitioner may do so within a period of fifteen days from today and thereafter, the Regional Officer to pass a reasoned order on the representation dated 03.08.2019 within a period of two months from the date of receipt of certified copy of this order.

9. Writ petition stands allowed as indicated above.

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JUDGE

Comparing Assistant