IMPORTANT POINT
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.

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 reference to the communication dated 26.05.1984 and the letter dated 16.12.2020.

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The petitioner was a student of Pub-Bahjani Gopalthan Balika Vidya Mandir of Nalbari district and she had cleared the HSLC examination in the year 1982, conducted by SEBA with Roll F-39, No. 236. But, in her academic testimonials i.e. HSLC Admit Card and Pass Certificate, the age of the petitioner was reflected as 17 years 2 months 21 days on 01.03.1982, however, the actual age of the petitioner was 16 years on 01.03.1982. Thereafter, the petitioner approached the Headmaster of Pub-Bahjani Gopalthan Balika Vidya Mandir by submitting an application with a prayer for correction of her age as 16 years as on 01.03.1982, instead of 17 years 2 months 21 days as on 01.03.1982. Pursuant to the said application, the Headmaster of Pub-Bahjani Gopalthan Balika Vidya Mandir, vide letter No. P.B.G.V.M./HSLC/12/350-351, dated 26.05.1984, submitted to the Secretary of SEBA that the actual age of the petitioner is 16 years on 01.03.1982. But, SEBA is sitting over the matter without taking any action in respect of correction of date of birth of the petitioner till date.

Thereafter, the petitioner again approached the SEBA on 05.12.2019, by submitting a representation with a prayer for correction of her date of birth with reference to the letter dated 26.05.1984 of the Headmaster of Pub-Bahjani Gopalthan Balika Vidya Mandir. But, the said representation had failed to evoke any response from the Secretary, SEBA. Thereafter, the petitioner had submitted a representation before the Headmaster of Pub-Bahjani Gopalthan Balika Vidya Mandir on 05.11.2020, for authentication of the letter, dated 26.05.1984, and the present Headmaster of the said school, vide letter dated 16.12.2020, authenticated the same, and thereafter she had submitted the same to the Secretary, SEBA. However, no action was taken upon the same by the Secretary, SEBA.

Thereafter, the petitioner had approached this Court by filing a writ petition, being WP(C) No. 3698/2020, and the said writ petition was disposed of by this Court by directing the Secretary, SEBA to pass a reasoned order on the representation dated 05.12.2019, submitted by the petitioner and it was also observed that the petitioner would submit a fresh representation before the SEBA for adjudication of the matter and accordingly, the petitioner had submitted a fresh representation to the Secretary, SEBA on 15.11.2021. But, without considering the actual facts and without going through the office communication dated 26.05.1984 and 16.12.2020, the Secretary, SEBA had disposed of the representation dated 15.11.2021, in illegal and arbitrary manner on 04.04.2022.”

4. Being agg