Nongthombam Suraj Singh vs Board Of Secondary Education Manipur & 2 Ors

A.Guneshwar Sharma, J

Heard Mr.L.Gunindro, learned counsel for the petitioner.

Issue Notice.

Ms.Deepika, learned counsel accepts notice on behalf of respondent Nos.1, 2 and 3. Hence, service is complete.

Learned counsel for the respondents prays for three weeks’ time for filing counter affidavit.

Mr.Gunindro, learned counsel for the petitioner prays for stay of the impugned order dated 26.12.2024 on the ground that no notice was issued before passing the order cancelling his amended date of birth by respondent/Board.

Prayer for interim will be considered on the next date.

It is stated that the petitioner’s date of birth was recorded as 4.10.1996 in the corrected Certificate issued by the Board of Secondary Education, Manipur for appearing in the Class-X Examination and it was, on application of the petitioner, corrected as 4.10.1996 in place of the originally recorded date of birth i.e. 4.3.1996 on the basis of submission of necessary documents. However, it is submitted that by the impugned order dated 26.12.2024 issued by the Chairman, Board of Secondary Education, Manipur, the correction of the date of birth was cancelled and treated the original one i.e. 4.3.1996 to be correct.

It is the case of the petitioner that before passing the impugned order no Notice was issued to him and due to this petitioner’s election as President of the Manipur University Students Union has been challenged by some vested interests and also complained to the University Authority to terminate/cancel his Ph.D.

It is submitted that date of birth of the petitioner was corrected after complying the prevailing Rules. For cancellation of correction of date of birth, show cause Notice has to be given to the petitioner before cancelling the corrected date of birth and same was not done in the present case. By the impugned order, Election of the petitioner as well as his candidature of Ph.D are at jeopardy and prays that the impugned order dated 26.12.2024 be stayed.

Ms.Deepika, learned counsel for the respondents submits that interim order may be considered on the next date after taking proper instructions.

In the circumstance, it is made clear that no coercive action be taken against the petitioner in terms of the impugned order dated 26.12.2024 without leave of this Court.

Furnish a copy of this order to learned counsel for the parties.

List on 3.3.2025.