Narendra Deka vs State Of Assam And Ors.

Heard Mr. B.J. Talukdar, learned counsel for the petitioner as well as Mr. S.S. Roy, learned Government Advocate for the respondent Nos. 1 and

5 and Mr. T.C. Chutia, learned Standing Counsel, SEBA for the respondent Nos. 2 and 3.

On being selected by the Assam Public Service Commission, the petitioner was appointed as Block Development Officer (BDO) on 12.01.1989 and

he is presently serving as BDO in the office of the Block Development Office, Dhubri. The respondent issued a gradation list wherein, the date of

birth of the petitioner was indicated as 01.01.1959. After the issuance of the gradation list, the petitioner noticed that instead of his real date of birth

which is 01.01.1961, the respondents had wrongly indicated his date of birth as 01.01.1959

On examination of his H.S.L.C Examination Certificate, the petitioner again noticed that his date of birth has wrongly recorded as 01.01.1959

instead of 01.01.1961. Therefore, the petitioner by a letter dated 23.12.2015 addressed to the Deputy Secretary to the Government of Assam,

Panchayat & Rural Development Department (P&RD) requested for correction of his date of birth. As there was no response, the petitioner made a

reminder dated 27.07.2016 before the Joint Secretary, Government of Assam, Panchayat & Rural Development, Department.

Thereafter, the petitioner was asked to submit his H.S.L.C certificate and admit Card issued by the SEBA before the authorities which was

accordingly done by the petitioner. Thereafter, The respondents authorities got back to the petitioner asking him to approach the Board of Secondary

Education, Assam (SEBA) for correction of his date of birth in his original H.S.L.C certificate and admit Card.

Consequently, the petitioner by a representation dated 09.03.2017 wrote to the Secretary, Board of Secondary Education Assam/respondent No. 3

requesting for correction of his date of birth in the original H.S.L.C certificate and admit Card. The representation of the petitioner was also supported

by a letter dated 20.04.2018 written by the Principal, Government Higher Secondary School, Mongaldai.

The grievance of the petitioner before this Court is that the respondent No. 3 is yet to consider the representation dated 09.03.2017 made by the

petitioner.

After hearing the learned counsel for the parties and as consented to, this writ petition is disposed of at the motion stage with a direction to the

respondent No. 3 i.e Secretary Board of Secondary Education, Assam to consider the representation dated 09.03.2017 made by the petitioner and

dispose of the same by a speaking order and in accordance with law within a period of one month from the date of receipt of a copy of the order of

this Court by the respondent No. 3.

The petitioner is also permitted to furnish a certified true copy of this order to the respondent No. 3.

With the above observations and directions, this writ petition is disposed of.