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ROBIN PHUKAN
Anju Rani Baishya Das, W/o. Sri Ranjeet Kumar Das – Appellant
Versus
State of Assam, Represented by the Chief Secretary to the Government of Assam, Dispur – Respondent
JUDGMENT :
Robin Phukan, J.
Heard Mr. J. Kalita, learned counsel for the petitioner and Mr. P. Saikia, learned Government Advocate for the respondent No. 1. Also heard Mr. T.C. Chutia, learned Standing counsel for the respondent No. 2, SEBA and Mr. R. Sarma, learned counsel for the respondent No. 3.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Smti. Anju Rani Baishya Das has prayed for issuing direction to the respondent authorities to correct her age in her High School Leaving Certificate (HSLC) pass certificate No. 8937 of 1982 with Roll F-39, No. 236 as 16 years as on 01.03.1982, instead of 17 years 2 months 21 days, as reflected in the said certificate with reference to the office communication dated 26.05.1984 and the letter, dated 16.12.2020, issued by the office of the Headmaster of Pub-Bahjani Gopalthan Balika Vidya Mandir, Nalbari. Alternatively, it is also prayed for recalling the order dated 04.04.2022, passed by the Secretary, Board of Secondary Education, Assam ("SEBA", for short) and to consider the prayer of the petitioner for correction of her date of birth in academic testimonials issued by the SEBA, in accordance with r
The court upheld SEBA's decision to deny correction of the petitioner's date of birth due to non-compliance with procedural requirements and lack of supporting evidence.
The court affirmed that official records of date of birth take precedence over unverified claims, ensuring accuracy in academic testimonials.
Point of law: An authority vested with the jurisdiction to issue a certificate and to maintain record of it has inherent power to rectify the mistake, if any, that may occur in the certificate so iss....
The court established that the three-year limitation period for requesting corrections in certificates issued by the Board is mandatory and must be adhered to, regardless of the circumstances surroun....
Date of birth can be corrected in CBSE records based on public documents, given the criteria established in relevant byelaws, without imposing unreasonable limitations on the time for correction.
In order to maintain writ of mandamus, first and foremost requirement is that petition must not be frivolous, and must be filed in good faith.
Date of birth correction - Birth Certificate issued by the competent authority under the provisions of the Act of 1969 is a statutory certificate, which has very high evidentiary value and respondent....
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