Rule. Service of Rule is waived by Shri S.P.Dave, learned Assistant Government Pleader, for the respondents.
2.The petitioner is required to take assistance of this Court under Article 226 of the Constitution of India since the concerned respondents are directing the petitioner to approach the other respondent for correction of his birth-date.
3.The facts which have not been controverted would indicate that the petitioner submitted an application through his father to the school authority as well as to the respondent - Board and the District Education Officer pointing out discrepancies created by the Principal of the Primary School where the petitioner was admitted initially. The error so committed was in recording the birth-date of the petitioner in the school records. The Principal corrected the entries in the register maintained by him by scoring out the name of the petitioner and his brother from the relevant entries but while doing so he did not correct their respective birthdates. The correct birth-date of the petitioner is December 7, 1980 and the correct birth-date of his brother Jagdishbhai by name is October 11, 1978. By not making correction in the entries regarding birth-dates, the petitioner has been made two months older than his elder brother who is, in fact, older than the petitioner to the extent of two years and two months. The petitioner has therefore prayed for issuing appropriate direction to the respondents to correct the date of birth of the petitioner as having been correctly recorded in the birth register maintained by the competent authority as December 7, 1980, instead of October 11, 1978.
3.In my opinion, the petition must succeed on the facts noted hereinabove. Since the concerned authorities, namely, respondents, have expressed that they cannot make any correction in the birth-date, it would be just and proper to issue direction in this petition to respondents Nos.2, 3 and 4 to effect necessary correction in the birth-date of the petitioner. The following order is therefore passed:
Respondents Nos.2, 3 and 4 are hereby directed to record the correct birth-date of the petitioner by effecting appropriate correction in their records so as to bring the said correction in conformity with the petitioner's birth-date recorded in the birth register, namely, December 7, 1980.
4.Rule is made absolute in the aforesaid terms. No order as to costs. Direct Service is permitted.