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Monpara vs District

High Court Of Gujarat|18 November, 2010


Heard learned Advocate Mr. Hemang R. Rawal for petitioner and Ms. Jirga Jhaveri, learned AGP appearing for respondent State Authority.
According to petitioner, her correct date of birth is 16.9.1997 but wrongly it has been recorded in school leaving certificate as 16.8.1997. Petitioner was born at Kathrota, District Junagadh on 16.9.1997. Petitioner was issued School Leaving Certificate by Shri Gurukrupa Gyansagar Vidyalaya as in said school, there was no Secondary Section, on 2nd June, 2009. Thereafter, petitioner was admitted in Shree Gordhanbhai Devrajbhai Vachani Kanya Vidyalaya in Standard 8. On 14.7.2009, application was made by school to District Education Officer, respondent NO. 1 for correction in date of birth with relevant documents. However, respondent no.1 rejected said application by order dated 31st March, 2010 which is at page 14-15 wherein it has been answered that upon verification of said proposal for correction in date of birth, as said student does not appearing to have been completing age of five years at the time of getting admission in Standard 1, proposal has been rejected as per Regulation 12(A) sub clause No. (1) to (7) of the Gujarat Secondary Education Regulations, 1974. Therefore, petitioner has filed this petition before this Court.
Learned Advocate Mr. Rawal for petitioner has submitted that for change in date of birth recorded in school leaving certificate which is bound to be contrary to birth register, District Education Officer is empowered or competent to correct it because student has not left the school and, therefore, Regulation 12(A)(6) of said Regulations is not applicable and petitioner is not required to produce certificate from Magistrate as per regulation 12(A)(6) of said Regulations. Therefore, in light of these facts, answer which has been given by District Education Officer rejecting application only on the ground that petitioner, when entered in school at that time, she was having age of less than five years, according to my opinion, it being irrelevant answer given by District Education Officer, therefore, directions are required to be issued to District Education Officer. District Education Officer must have to examine case of petitioner on merits to find out whether date of birth recorded in birth register is found to be correct or not. For that, he can scrutinize or demand original record from petitioner and thereafter to pass appropriate reasoned order and decide whether date of birth recorded in birth register is found to be correct or not and thereafter to pass order to correct date of birth in school leaving certificate and school record.
Therefore, in light of this back ground, it is directed to District Education Officer, Junagadh to reconsider case of petitioner and examine original birth register and to correct date of birth of petitioner and also to call for original record from petitioner for satisfying whether date of birth recorded in birth register is found to be correct or not and thereafter to pass appropriate reasoned order as per decision of this court reported in 2008(1) GLH 683 within period of three months from date of receipt of copy of this order and thereafter to communicate decision to petitioner immediately.
With these observations and directions, this petition is disposed of by this court without expressing any opinion on merits. DSP.
Rathod,J.) Vyas Top
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Monpara vs District


High Court Of Gujarat

18 November, 2010