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2011 (1) GCD 297 (Guj)
Hon’ble Mr. Justice H.K. Rathod
Atul Keshubhai Chauhan
Versus
State of Gujarat & Ors.
Special Civil Application No. 9393 of 2010—Decided on 20/10/2010
Gujarat Secondary Education Regulations, 1974 — Regulations 12(A), 12(A)(o) — Correction in date of birth — Issuance of direction to respondent — In view of decree passed by Additional Civil Judge — Refusal to comply in terms of decree on ground that requirements under regulation for correcting the date of birth not satisfied not sustainable — Only requirement under the regulations after the student has left school as in the case is to support his case of real date of birth by certificate issued by Magistrate — In the case decree is passed for correction of date of birth by Civil Judge who is also a Magistrate within the meaning of Code of Criminal Procedure, 1973 — It is substantial and full compliance with the requirement under the regulation — Court accordingly directed respondent to take necessary steps for correcting date of birth of petitioner.
Held :
The relevant Regulation 12A(6) of Gujarat Secondary Education Regulation, 1974 has made it clear that once the student has left the school, whatever record of the school, no change is required to be by any person or authority, but, in case of real date of birth supported by certificate issued by learned Magistrate, that can be considered to be a recognised proof of correct date of birth and for that, such certificate is required to be obtained from First Class Magistrate by such student for correcting his date of birth. [Para 19]
It is clear from judgment and order passed by Additional Civil Judge, Dhari that Respondent No. 2-Board was not a party, but, one fact is very clear which has been examined by Additional Civil Judge, Dhari, scrutinized by it on the basis of documentary evidence which were produced by respective parties on record and thereafter, Additional Civil Judge, Dhari come to conclusion that real date of birth of petitioner is 29th December 1979, not 29th February 1979. According to Regulation 12A(6), it requires only certificate to be obtained from learned Magistrate Court by petitioner. In such case, according to my opinion, judgment and order which has been passed by Civil Judge who is also a Judicial Magistrate, First Class working at Dhari is more than certificate, because, it has been decided / adjudicated entire issue and find out correct date of birth of petitioner after scrutinizing original record and come to conclusion that real date of birth of petitioner is 29th December 1979, not 29th February 1979. Therefore, requirement of Regulation 12A(6) is well limited which requires merely certificate from learned Magistrate, but, in this case, petitioner has established his case more than that while producing judgment and order passed by Civil Judge who is also a Magistrate within the meaning of Section 11 of Code of Criminal Procedure, 1973. [Para 21]
Therefore, contentions raised by learned Advocate Mr. Oza cannot be accepted because in substance and reality, according to my opinion, Regulation 12A(6) is substantially fully complied with by petitioner and therefore, it is directed to Respondent No. 2. Board to take all necessary steps for correcting date of birth of petitioner in school record as well as in record of Board including Marks Sheet of Standard 10th and Standard 12th within a period of three months from the date of receiving copy of present order. [Para 22]
Law Laid Down :
Civil Judge is also a Magistrate within the meaning of provisions of Criminal Procedure Code, 1973.
Case Law Analysis :
Minor Jagdish P. Gohil through Father and Guardian vs. State of Gujarat, Letters Patent Appeal No. 699 of 2003, dated 11th August 2003 [Para 10];; Regional Pass Port Officer vs. Kokilaben, 2009 (2) GLR 1246 [Paras 5 &14];; Thakor Nilesh Shishirbhai vs. Gujarat Secondary Education Board, 2007 (3) GLR 2276 [Para 15];; Misrikhan Dilavarkhan Pathan vs. (The) State of Gujarat Thro’ the secretary and Ors. 2008 (1) GLH 683 [Para 16];; Mitaben Nareshbhai Patel vs. State of Gujarat & Ors., 2008(1) GLR 884 [Para 17];; Soorat Jessomal Khanchandani vs. Gujarat Secondary And Higher Secondary Education Board & 3, Special Civil Application No. 25312/2006, decided on 27/2/2007 [Para 17];; Thakore Nilesh Shishirbhai vs. Gujarat Secondary Education Board & 4, Special Civil Application No. 21036/2006, decided on 27.04.2007 [Para 21].—Relied on
K. Rathod J.—Heard learned Advocates appearing on behalf of respective parties. Though notice issued by this Court is not received back from Respondent No. 4, because, Respondent No. 4 is a Principal, J.N. Mehta High School, Khambha, District Amreli, but, relevant and necessary parties are Respondent Nos. 2 and 3 who have been served and learned AGP Mr. Sharma is appearing on behalf of Respondent Nos. 1 and 3 “State Authorities and learned Advocate Mr. Oza is appearing on behalf of respondent” Gujarat Higher Secondary Education Board.
2. Rule. learned Advocate Mr. Oza waives service of notice of rule on behalf of Respondent No. 2. Board and learned AGP Mr. Sharma waives service of notice of rule on behalf of Respondent No. 1 and 3" State Authorities.
3. With consent of all learned Advocates, matter is taken up for hearing and final disposal today.
4. The brief facts of present petition are that; petitioner was borne on 29th December 1979 at Kodinar, District Junagadh (Earlier, it was in District Amreli). The name of father of petitioner is Keshubhai Chauhan and name of mother is Gangaben Chahuan. The date of birth of petitioner was registered in birth register on 09.01.1980 and accordingly, certificate of birth was issued by competent authority that is on Page 17 issued by Kodinar Nagar Palika, District Junagadh. The birth registration of petitioner is issued being a true copy of birth registration on 8th June, 2000. The date of birth of petitioner is recorded in birth register as 29th December, 1979 in the school viz., Khambha Kumar Shala, thereafter, when the petitioner passed standard 4th, he got admission in standard 5th in Udani School, wherein, by mistake of school authority, the date of birth was recorded as 29th February 1979 instead of 29th December, 1979. Thus, said birth date has been carried out till the petitioner completed his schooling. However, correct date of birth of petitioner is one which is recorded in birth register 29th December, 1979. Therefore, according to petitioner, lastly, he studied in Respondent No. 4. School and appeared in standard 10th examination conducted by Respondent No. 2. Board and successfully cleared the same. Respondent No. 4- School issued a school leaving certificate dated 25th May 1998, however, in said school leave certificate, birth date of petitioner has been incorrectly recorded as 29th February 1979 instead of 29th December 1979. Therefore, Regular Civil Suit No. 6 of 2004 filed before additional Civil Judge at Dhari declaration and permanent injunction thereby praying for correcting his date of birth in the school leaving certificate as 29th December 1979 instead of 29th February 1979. The learned Additional Civil Judge after taking into consideration the pros and cons of the matter and evidence produced on record and after hearing the respective parties, has been pleased to decree the suit by directing all defendant. School Authorities to correct date of birth of petitioner as 29th December 1979 instead of 29th February 1979. In pursuance of decree passed by learned Additional Civil Judge, Dhari, father of petitioner made representation dated 25th September 2009 to Respondent No. 4. School along with copy of judgment and order passed by Additional Civil Judge, Dhari with a prayer to correct date of birth recorded in school leaving certificate as per order passed by Additional Civil Judge, Dhari. The petitioner has also made an application in prescribed Form No. 6 to Respondent No. 2. Board at Page 53. Respondent No. 3. District Education Officer addressed a letter dated 12th October 2009 to Respondent No. 4 in clear terms directed to Respondent No. 4 to do needful at their end in accordance with law. But, according to petitioner, Respondent No. 4 has failed to do so, therefore, petitioner is having no other option except to approach this Hon’ble Court with a prayer to direct other side to correct date of birth recorded in school leaving certificate as 29th February 1979
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