Disposed

Anju Rani Baishya Das v. the State of Assam and 2 Ors.

Gauhati HC10 Nov 2021WP(C)/3698/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by a petitioner challenging her age as shown in educational documents. The court directed the Secretary of the Board of Secondary Education Assam to pass a reasoned order on the petitioner's representation seeking age correction.

What did the court decide?

Directed the Secretary, SEBA, to pass a reasoned order on the petitioner's representation within two months of submitting a fresh copy of that representation.

Anju Rani Baishya Das Vs the State of… — Constitutional and Fundamental Rights | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010125192020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3698/2020

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ANJU RANI BAISHYA DAS

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W/O- SRI RANJEET KUMAR DAS, R/O- ARBINDA COMPLEX, WARD NO. 06, BARPETA ROAD, P.O, P.S. AND DIST.- BARPETA, ASSAM, PIN- 781315.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006.

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2:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM BAMUNIMAIDAM GUWAHATI-21.

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3:THE PRINCIPAL/HEADMASTER

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PUB-BAHJANI GOPINATH BALIKA VIDYA MANDIR P.O. JANIGOG VIA NALBARI DIST.- KAMRUP ASSAM

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Advocate for the Petitioner : MR. N J GOGOI

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Page No.# 2/3

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Date : 10-11-2021

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Heard Mr. N.J. Gogoi, learned counsel for the petitioner. Also heard Mr. S.R Barua, learned counsel for the respondent No.1 being the Chief Secretary of the Govt. of Assam and Mr. T.C. Chutia, learned counsel for the respondent No.2 being the authorities under the SEBA.

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Considering the nature of the order proposed to be passed, the respondent No.3 need not be required to be heard for the time being.

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It is provided that for the disposal of the representation of the petitioner, if the Secretary, SEBA is of the view that the respondent No.3 is required to be given an opportunity of hearing, appropriate notice to be issued and the said respondent be also given a hearing.

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The petitioner is aggrieved by her age reflected in the HSLC Admit Card, Pass Certificate, etc., provided by the respondent SEBA.

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According to the petitioner her age was wrongly shown as 17 years 2 months 21 days as on 01.03.1982 although the actual age ought to have been 16 years on 01.03.1982.

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For the purpose, the petitioner had also submitted a representation dated 05.12.2019 before the Secretary SEBA and a postal receipt thereof is also enclosed with this petition.

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The respondents in the SEBA have also taken a stand that the Secretary of the SEBA would have no objection to pass a reasoned order on the said representation of the petitioner.

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In view of such stand, the writ petition stands disposed of directing the Secretary, SEBA to pass a reasoned order on the representation dated 05.12.2019 submitted by the petitioner.

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For proper adjudication, we require the petitioner to submit a fresh copy of

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the said representation before the Secretary and upon the fresh copy of the representation being submitted, a reasoned order be passed thereof within a period of two months from the date of submission of the representation.

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The petitioner may also produce any other materials that the petitioner may desire to produce in order to substantiate the claim for correction of age. In doing so, the Chairman of the Board shall also do the needful as may be required under the law.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Anju Rani Baishya Das v. the State of Assam and 2 Ors.

Case brief

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Anju Rani Baishya Das v. the State of Assam and 2 Ors.

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