Panna Dey vs The Union Of India And 3 Ors . H
2023 Latest Caselaw 4249 Gua

                                                                Page No.# 1/3

GAHC010168212023




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

                             Case No. : WA/384/2023

         PANNA DEY
         S/O DURGENDRA CHANDRA DEY, C/O JYOTI DAS, R/O KACHARIGAON,
         TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784001.



         VERSUS

         THE UNION OF INDIA AND 3 ORS . H
         THROUGH- THE SECRETARY, TO THE GOVT. OF INDIA, MINISTRY OF
         HUMAN RESOURCE DEVELOPMENT NEW DELHI, PIN- 110001.

         2:THE DIRECTOR

          NATIONAL INSTITUTE OF OPEN SCHOOLING NEW DELHI
          PIN- 110001.

         3:THE REGIONAL DIRECTOR

          NATIONAL INSTITUTE OF OPEN SCHOOLING REGIONAL CENTRE
          GUWAHATI BUILDING OF PUBLICATION BOARD

          ASSAM

          BAMUNIMAIDAN
          NEAR ASSAM HIGHER SECONDARY SCHOOL COUNCIL

         GUWAHATI - 781021
         ASSAM.

         4:THE ASSISTANT DIRECTOR

          NATIONAL INSTITUTE OF OPEN SCHOOLING REGIONAL CENTRE
                                                                      Page No.# 2/3

             GUWAHATI BUILDING OF PUBLICATION BOARD
             ASSAM
             BAMUNIMAIDAN
             NEAR ASSAM HIGHER SECONDARY EDUCATION
             COUNCIL
             GUWAHATI - 781021
             ASSAM

Advocate for the Petitioner   : MR. S C BISWAS

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




                                    BEFORE
                          HONOURABLE THE CHIEF JUSTICE
                        HONOURABLE MR. JUSTICE KARDAK ETE

                                          ORDER

Date : 11-10-2023

Heard the learned counsel appearing for the parties. The instant intra-court writ appeal is directed against the judgment and final order dated 19.06.2023 passed by the learned Single Judge in WP(C) 2954/2018, whereby the prayer made by the appellant/writ petitioner seeking a direction for correction of his date of birth in the Mark Sheet issued by NIOS was rejected.

We have heard and considered the submissions advanced by the learned counsel for the appellant and have gone through the impugned judgment.

We find that the documents, upon which the appellant/writ petitioner relied upon so as to buttress his prayer for change in the date of birth, i.e. Birth Certificate and School Leaving Certificate, were both procured in the year 2016. Thus, the learned Single Judge held that it was beyond comprehension as to how the challenge made for correction of the date of birth could be entertained on the basis of the documents which are later in point of time. Unquestionably, Page No.# 3/3

the prayer made by the writ petitioner/appellant herein seeking correction of his date of birth is based on seriously disputed question of facts and, thus, a writ petition under Article 226 of the Constitution of India was not the appropriate remedy for seeking such relief. If, at all, the appellant is desirous of a declaration for change of the date of birth, the appropriate remedy for him would be to file a civil suit in the court concerned.

We find no merit in this appeal and the same is dismissed with the above observations.

No order as to costs.

                                JUDGE                   CHIEF JUSTICE




Comparing Assistant