By way of this petition under Article 226 of the Constitution of India, the petitioner has inter alia prayed to direct the respondent-School Authority to correct the date of birth of the petitioner entered in the School Leaving Certificate on the basis of his Birth Certificate and to issue a fresh School Leaving Certificate.
It is the case of the petitioner that he was born on 04th October 1976 at Godhra and her date of birth was entered as such in the Birth Certificate. However, while admitting the petitioner in the school, inadvertently, her date of birth was entered as 04th June 1976 and in the School Leaving Certificate also, the date of birth came to be entered as 04th June 1976. Therefore, the petitioner requested respondent No. 4-authority, by way of a representation, to rectify the said error. However, the respondent-authority declined to rectify the same on the ground that orders in that regard issued by a competent Court of law are necessary to carry out the said correction. Hence, this petition.
Heard learned counsel for the respective parties and perused the documents on record. Regulation 12-A of the Gujarat Secondary Education Regulations, 1974, provides that the school record cannot be corrected after the pupil/student leaves the school and that in such case, the only remedy available is to approach the learned Magistrate, First Class, having jurisdiction in the matter, for redressal of the grievance, as provided under Section 13(3) of the Registration of Births & Deaths Act.
Such principle has also been laid down in a recent decision of this Court rendered in the case of Regional Passport Officer v. Kokilaben, w/o. Jaswantlal Panchal & Ors., 2009(2) G.L.H. 1246.
Therefore, in the present case also, the appropriate remedy available to the petitioner is to approach the concerned Magistrate, First Class, by way of appropriate application. It is observed that if the petitioner approaches the concerned Magistrate, First Class, having jurisdiction in the matter, by way of appropriate application within a period of four weeks from today, the concerned learned Magistrate, First Class, shall decide the said application of the petitioner in accordance with law as expeditiously as possible.
With the above observations, the petition stands disposed of.
Direct Service is permitted.
(K.S.
Jhaveri, J) Divya// Top