WP(C) 4694/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M. Khan, learned counsel for the petitioner a well as Mr. T.C. Chutia, learned Standing counsel, SEBA and Mr. M.K. Mishra, learned Standing co unsel, Education Department. The petitioner who has retired from service on 30.04.2010 on attaining the age o f superannuation, has filed this writ petition claiming 10 months more service o n the basis of the HSLC certificate of 1966 issued by the SEBA wherein his earli er recorded age of 16 years, 9 months and 3 days was corrected as 15 years and 2 days. While according to the petitioner the respondents have erroneously taken his corrected age as 15 years and 2 days instead of 15 years, 10 months and two days, it is the stand of the respondents that it was rightly taken as 15 years a nd 2 days as X means nil. On the other hand, according to the petitioner X tands for 10 months. It is on the above basis the claim of the petitioner is that he should have been allowed to continue in service for another 10 months and on that basis his reti rement from service on attaining the age of superannuation would have been 27.02 .2011. Noticing the aforesaid anomalies, Mr. T.C. Chutia, learned Standing counsel, SEB A was directed to obtain instruction in the matter in respect of the alleged cor rection made in the HSLC certificate of the petitioner. It will be pertinent to mention here that during the course of hearing of the matter on the earlier occa sion the learned counsel for the petitioner produced the original HSLC certifica te of 1966 containing the alleged correction from 16 years, 9 months and 3 days to 15 (fifteen) years, X months and 2 days . Acknowledging the correction in t he original HSLC certificate of the petitioner, a certificate dated 31.05.1976 was also issued by the then Secretary, SEBA, Dr. S. Bharali. The said certifica te is reproduced below: BOARD OF SECONDARY EDUCATION: ASSAM:GUWAHATI ORDER The age of the candidate Sri Hiralal Das bearing Roll Sil No. 265 of High School Leaving Certificate Examination, 1966 is corrected as 15 yeas x months 2 days i n place of 16 years 9 months 3 days on 1st March, 1966. Sd/- (Dr. S. Bharali) Secretary, Board of Secondary Education, Assam, Guwahati If we go by the aforesaid purported correction in respect of the recorded age o f the petitioner, it appears that the original age recorded in the certificate, i.e. 16 years, 9 months and 3 days, was corrected as 15 years and 2 days inasmuc h as if X denotes 10 , it would have been indicated in the said certificat dated 31.05.1976 when the same was replaced from 9 . The petitioner cannot ta ke the advantage of the expression X so as to contend that the same denotes 1 0 . Thus the petitioner is not entitled to any relief. There is a larger issue involved in this writ petition. Noticing the aforesaid p urported correction, Mr. T.C. Chutia, learned Standing counsel, SEBA was request ed to obtain instruction in the matter. As recorded in the order dated 07.01.201 1 passed by this Court, it is the stand of the SEBA that the original register containing the names of the candidates including that of the petitioner, does no t disclose any correction regarding the recorded age of the petitioner as has be en indicated in the said HSLC certificate and the order dated 31.05.1976. Accord ingly, by the said order dated 07.01.2011 the authority of SEBA was directed to make contact with Dr. S. Bharali, the then Secretary of SEBA to verify the same. Pursuant to the above order, the SEBA has made necessary enquiry and made a com munication with Dr. S. Bharali on the basis of which the Secretary, SEBA has add ressed a letter dated 29.01.2011 to Mr. Chutia, learned Standing counsel, SEBA. BOARD OF SECONDARY EDUCATION ASSAM: GUWAHATI No. SEBA/GEN/SUIT/85/2010/403 dated Guwahati the 29th January, 2011 From: Dr. L.N. Sarma Secretary, Board of Secondary Education Assam, Guwahati-21 To: Sri T.C. Chutia Advocate, Guwahati High Court Guwahati-1 Sub: W.P.(C) No. 4694/10 Hiralal Das -vs- State of Assam & ors. Ref: Your letter dated 10.01.2011 With reference to your letter cited above, I have the honour to inform you that the certificate belonging to Sri Hiralal das under Roll Sil No. 265 of HSLC Exam ination, 1966 is verified and found to be genuine. But his age as per this offic e records is 16 years 9 months 3 days as on 1st March, 1966 and not 15 years x m onth 2 days. The correction of age as shown in the certificate is not genuine. A s per record of this office his age was not corrected as 15 years x month 2 days as on 1st march, 1966. It is be mentioned that the then Secretary of the Board was also contacted from the Board in this context. He let us know, that no corre ction was made by him without being recorded or without correcting the records i n the Official documents. He has denied the signature in the correction of the c ertificate along with the signature in the order No. SEBA/Examn/HS/3/74-75/2487- 93 dated 31.05.76, and that was not issued from this office as per record. The documents sent by you are returned herewith. Yours faithfully, Sd/- (Dr. L.N. Sarm Secretary Board of Seconda ry Education, Assam, Guwahati-21 From the above what is seen is that the SEBA has disowned the purported correcti on in the HSLC certificate and issuance of the above quoted order dated 31.05.76 . Further Mr. Chutia has also produced the copy of Manuscript Record Statement ( MRS) containing the name of the petitioner at serial No. 13 showing his age as 1 6 yeas, 9 months and 3 days. There is no correction in the said MRS. Mr. Chutia has also produced the copy of the notification dated 29.09.75 in terms of which in case of anomalies in the recorded date of birth in HSLC certificate, the pray er for such correction should be made within three years. In the instant case th e purported correction was made after 10 years. Above being the position, now the authority will have to decide as to whether th e extra service rendered by the petitioner on the basis of forgery made in the H SLC certificate and also for creation of the above quoted order dated 31.05.76, there will be recovery from the salary which the petitioner has already drawn. The authority will also decide as to whether any criminal proceeding should be launched against the petitioner. I hasten to add that the above are the prima facie satisfaction of this Court a nd will be subject to further verification which might be required to be made by due process of law. Be it stated here that the petitioner has retired from serv ice as the Principal of G.C. College, Silchar. The writ petition is dismissed subject to the above observation and direction. T he original HSLC certificate and the order dated 31.05.76 shall be returned to t he learned counsel for the petitioner and he shall hand over the same to the pet itioner.