( 1 ) LEAVE to amend the relief clause, more particularly, the date of birth from 29/03/1983 to 29/02/1993, reflected in prayer clause 12 (A ). Necessary amendment shall be carried out forthwith.

( 2 ) THE petitioner-Misrikhan Dilavarkhan pathan has prayed for appropriate writ, order or direction to direct the respondents and more particularly to direct the respondent No. 4 to issue school leaving certificate stating correct date of birth as 18/08/1982 instead of 29/02/1993.

( 3 ) IT is submitted by the petitioner that when he was admitted in the primary school for the first time, somebody who had been to the school, mentioned the incorrect date of birth and the place of birth. The petitioner was born on 18/08/1982 at bhartiya Arogyanidhi Hospital, Gorsheri, patan, but as per the school leaving certificate, the date of birth is shown to be 29/02/1983 and the birth place is shown as village Dasaj of Tal. Siddhpur.

( 4 ) THE birth date certificate of the petitioner is produced at Annexure - A and as such there is no controversy qua the 'contents mentioned in the birth date certificate issued by the Sub-Registrar, birth and Death Registration, Patan nagarpalika. It is relevant to note that the birth date certificate of the petitioner was issued on 20/08/1982, the date on which the birth of the petitioner was registered. So, it is possible to observe that there is no dispute as to the genuineness of the certificate and contents thereof.

4. 1 The petitioner has attempted to see that his birth date in the school leaving register get corrected by the competent authority, but the date on which the petitioner approached the competent authority, he was not student. Not only that but the competent authority had entered the date of birth on the strength of the school leaving certificate issued by the school in which the petitioner was lastly studying. It is the say of the petitioner that difference as to the date of birth in the original birth certificate and school leaving certificate may result into serious prejudice and inconvenience to him and therefore he had approached the competent authority with the original birth certificate to see that competent authority gets correct mainly the date of birth in the school register.

4. 2 As the petitioner could not succeed, the petitioner has approached this Court by filing a writ petition being Special Civil application NO. 6381 of 2004 invoking writ jurisdiction of this Court under Article 226 of the Constitution of India. The Court after hearing the leamed Advocate for the petitioner and learned Asst. Government pleader for the respondent-State of Gujarat relegated the petitioner to approach the learned Judicial Magistrate First Class in view of the observations made by this Court while deciding Letters Patent Appeal no. 699 of 2003 filed by Minor Jagdishbhai prabhatbhai Gohil through Father and guardian on 11/08/2003.

( 5 ) THIS Court (Coram: K. S. Jhaveri, J.)while rejecting the earlier petition filed by the present petitioner being Special Civil application No. 6381 of 2004 decided on 08/10/2004 ordered that in view of the above facts and circumstances, the appropriate remedy for the petitioner is to 5 approach the Judicial Magistrate, First class, for redressal of his grievance and this direction was given in the background of paragraph 4 of the decision delivered by the Letters Patent Bench. The said paragraph no. 4 is reproduced as under :

4. We have considered the submissions advanced at the Bar and the documents forming part of the petition. We have also heard Mr. M. R. Mengde, learned Assistant government Pleader appearing for the respondents. From the record of the case, it is evident that the son of appellant has left secondary School after passing examination of Standard 10. Therefore, in view of Regulation 12-A Gujarat Secondary education Regulations, 1974, school record could not have been corrected after the son of appellant had left the school. The only remedy of