No application for alteration in the figure of the date of birth is permissible after the student has left secondary school, except correction in the nature of 'obvious mistake', as per the Full Bench Judgment of Janabai (Supra).

JUDGMENT :

Arun R. Pedneker, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties heard finally.

2. The petitioner has filed the present writ petition seeking direction to the respondent No.4 – Head Master, Zillha Parishad Primary School, Murti, Tq. Ghansawangi, Dist. Jalna, to correct the date of birth in the school record where the petitioner was studying from 22/01/1991 to 22/08/1993.

3. It is the case of the petitioner that his actual date of birth is 22/08/1993 and at the time of admission at Anganwadi, his date of birth was correctly recorded. At the time of his admission to 1st Standard in the respondent No.4- Zillha Parishad Primary School, Murti, his birth date was wrongly entered as 22/02/1991. Accordingly, the same birth date was mentioned in the School Leaving Certificate. The father of the petitioner, thereafter, filed an application dated 10/11/2021, for correction of the school record. The application filed by the father of the petitioner, was forwarded to respondent No.2 - Education Officer (Primary) for correction of the birth date in the school record. The petitioner had also filed Criminal Misc. Application No.90 of 2021, before the Judicial Magistrate (F.C.), Ghansawangi, independently for recording of his birth date, under the Registration of Births and Deaths Act, 1969. He contended in the said application that he was born on 22/08/1993. In support of the said application, he filed evidence in the form of a certificate given by Gramsevak, copy of public notice issued in daily newspaper ‘Anand Nagri’, dated 07/01/2022. On the basis of the said evidence, the Judicial Magistrate (F.C.) Ghansawangi, had decided the said Criminal Application and had directed to register the entry of birth of the petitioner as 22/08/1993 in the concerned register on payment of prescribed fee. All these records were filed with the application which was forwarded to respondent No.2 - Education officer (Primary). The petitioner has approached this Court seeking a direction to the respondents, particularly respondent Nos.2 and 3, to direct them to correct the petitioner’s birth date in the school record.

4. The issue of change of birth date in school record has been considered by the Full Bench Judgment of this Court, in the case of Janabai d/o Himmatrao Thakur Vs. The State of Maharashtra and Ors., reported in 2020 (1) ALL MR 360 (F.B.), wherein it has been held at paragraphs No.23, 24 as under :-

“23. We now come to the core issue in hand, namely :

“(A) Whether an application seeking alteration, change or correction in the name, surname, date of birth, caste, or other entries entered in the General Register, including correction in spelling of name, surname, date of birth, caste, as recorded in the General Register, shall be entertained by or on behalf of the pupil who has left the school and the change in the aforesaid entries, is necessitated for the purposes like securing an admission to another educational institution and the School Leaving Certificate is relied upon as an evidence for name, surname, caste, date of birth, etc.”

(emphasis suppied)

The consideration of this issue depends upon the language of Clause 26.3 and 26.4 of the S.S. Code, which read as under :