The central legal point established is that the Board has no power to make any correction in the date of birth of a candidate unless an application for such correction is made within the stipulated time.

Ranjan Gogoi, J.

1. Heard Mr. M. Singh, learned counsel for the writ petitioner and Mr. T. C. Chutia, learned counsel appearing for the Board of Secondary Education, Assam,

2. The writ petitioner joined service in the Gunaviram Baruah L. P. School, Nagaon as an Assistant Teacher in the year 1982. At the time of his entry into service, the date of birth of the petitioner was recorded as 1.1.1949. The aforesaid date of birth of the petitioner was recorded on the basis of his Matriculation Certificate. Contending that the date of his birth had been wrongly recorded in the Matriculation Certificate and further asserting that the correct date of birth, of the petitioner is 13.10.1955, the petitioner claims that he had filed an application before the Board on 1.3.1974 for necessary correction of the date of birth. According to the petitioner, the said application dated 1.3.1974 not having been responded to by the Board, another application to the same effect was filed by him on 4.4.1983. Both the applications dated 1.3.1974 and 4.4.1983 have been enclosed to the writ petition. Thereafter, in the year 1999, the Principal of the School, where the petitioner had studied and from which he had passed the Matriculation Examination, wrote to the Secretary of the Board informing the Secretary that the correct date of birth of the petitioner is 13.10.1955 and not 1.11.1949. On the body of the said communication issued by the Principal, the Inspector of Schools had made an endorsement confirming that the date of birth of the petitioner as 13.10.1955 and had requested the Secretary of the Board to make necessary corrections. As the Board had not responded to any of the aforesaid communications, the instant writ petition has been filed.

3. No affidavit has been filed on behalf of the Board in the present proceeding. However, Mr. T.C. Chutia, learned counsel appearing for the Board, on instructions received, has submitted that at no point of time, the writ petitioner had approached the Board for correction of his date of birth. The applications dated 1.3.1974 and 4.4.1983 enclosed to the writ petition were not submitted to the Board. The request made in the year 1999 is by the Principal and not by the writ petitioner and in any case, the said request is highly belated one which could not have been entertained under the Regulations framed by the Board, i.e., Regulations for Conduct of Examinations by the Board. Relying on Regulation 8 of the aforesaid Regulations, it has been pointed out by Mr. Chutia, learned counsel for the Board, that an application for correction of the date of birth of a candidate who had appeared in an examination conducted by the Board must be forwarded by the head of the institution and, thereafter, the Inspector of Schools, has to verify the school records and submit a report to the Board. It is further submitted by Mr. Chutia, learned counsel for the Board, that the correction, as may be admissible, can be made by the Board provided an application is submitted within three years from the date of commencement of the concerned examination. Placing reliance on a judgment of the Apex Court in the case of Board of Secondary Education of Assam v. Md. Sarifuz Zaman, reported in 2003 (10) SCC 898 Learned counsel for the Board has submitted that the Apex Court while interpreting Regulation 8 of the aforesaid Regulations, has held that there would be no power in the Board to make any correction in the date of birth of a candidate unless an application for such correction is made within the time stipulated, i.e., 3 years from the date of commencement of the concerned examination. As according to the learned counsel for the Board, the Board is yet to receive any application from the petitioner, in terms of the decision of the Apex Court in the case of Board of Secondary Education of Assam v. Md. Sarifuz Zaman (supra), there would be no power and jurisdiction left in the Board to make any correction in the date of birth of the