V.M. PANCHOLI, J.

1. Rule. Mr. Rohan Yagnik, learned Assistant Government Pleader, waives service of notice of Rule for respondent Nos. 1 and 3. Mrs. Kalpana K. Raval, learned advocate, waives service of notice of Rule for respondent No. 2. Though notice is served to respondent No. 4, nobody appears on his behalf. Looking to the issue involved in the present petition and with the consent of the learned advocates appearing for the petitioner and concerned respondents, the petition is being heard and decided finally.

2. By way of this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed that respondent No. 4 be directed to correct the date of birth of the petitioner from 28.08.1975 to 09.09.1975 in the School Leaving Certificate issued by respondent No. 4.

3. Heard learned advocate Mr. J.V. Vaghela for the petitioner, learned Assistant Government Pleader Mr. Rohan Yagnik for respondent Nos. 1 and 3 and learned advocate Mrs. Kalpana K. Raval for respondent No. 2.

4. Learned advocate for the petitioner submitted that the petitioner was born on 09.09.1975. The date of the birth of the petitioner was registered with respondent No. 2 and respondent No. 2 issued the Birth Certificate in favour of the petitioner, copy of which is produced at Page-13 of the compilation. In the said certificate, correct date of birth of the petitioner is recorded as 09.09.1975. It is further submitted that the said birth date is also recorded in the Aadhar Card and Passport issued by the competent authority. However, in the School Leaving Certificate issued by respondent No. 4, by mistake, the date of birth of the petitioner is recorded as 28.08.1975. The petitioner has, therefore, requested respondent No. 4 by way of representation made in July, 2017 to correct the date of birth in the School Leaving Certificate. However, respondent No. 4 has not taken any decision on the said representation.

4.1 Learned advocate for the petitioner has placed reliance upon the order dated 13.02.2007 passed by this Court in Special Civil Application No. 3259 of 2007, order dated 05.05.2006 in Special Civil Application No. 8236 of 2006 and order dated 24.11.2011 passed by the Division Bench of this Court in Letters Patent Appeal No. 239 of 2011. Relying upon the aforesaid orders, it is contended that this Court can grant direction to the concerned authority for correction of the date of birth in the School Leaving Certificate relying upon the Birth Certificate issued by the competent authority under the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as "the Act of 1969" for short). He, therefore, urged that this Court may give appropriate direction to respondent No. 4.

5. Learned advocate appearing for respondent No. 2 has submitted that respondent No. 2 has issued Birth Certificate to the petitioner, in which, the correct date of birth is recorded.

6. Having heard learned advocates appearing for the parties and having gone through the material produced on record, it transpires that respondent No. 2 authority has issued Birth Certificate in favour of the petitioner wherein the correct date of birth is recorded as 09.09.1975. The said birth date is also recorded in the Aadhar Card and Passport issued by the competent authority. However, so far as the School Leaving Certificate is concerned, copy of which is produced at Page-12 of the compilation, date of birth of the petitioner is wrongly recorded as 28.08.1975. The petitioner has, therefore, requested respondent No. 4 for correction of the said birth date on the basis of the Birth Certificate issued by respondent No. 2. However, till date, no action is taken by respondent No. 4 on the said representation.

7. At this stage, this Court would like to refer the observations made by the learned Single Judge of this Court in the order dated 09.10.2006 passed in Special Civil Application No. 4337 of 2006, especially, Paragraph-9 thereof, whic