JUDGMENT :

K.M. Thaker, J.

In present petition, under Articles 226 and 14 of the Constitution of India, the petitioner has prayed, inter alia, that :-

“7B Issue an appropriate writ, order or direction quashing and setting aside the impugned action of the respondents particularly the respondent no.3 who is under the supervision and control of the respondent no.1 & 2 and in turn that of the respondent no.4 for not correcting the date of birth of the petitioner as 15.3.1987 as per his birth certificate at Annex. A in place of his birth date as 5.3.1987 in his school leaving certificate at Annex. B and in his existing passport at Annex. C to this petition and be pleased to hold that the petitioner is entitled to have all his subsequent documents bearing his correct date of birth as 15.3.1987 as per his birth certificate at Annex. A which is a primary document with respect to his date of birth;

7C. Issue an appropriate writ, order or direction directing the respondents particularly the respondent no.3 who is under supervision and control of the respondent no. 1 and 2 and in turn the respondent no. 4 to immediately consider the case of the petitioner for correcting his date of birth as 15.3.1987 as per his birth certificate at Annex. A in his school leaving certificate at Annex. B and in his existing passport at Annex.C to this petition in the aforesaid peculiar facts and circumstances of the case;”

2. The facts involved in and leading to submission of present petition are mentioned by the petitioner in paragraph Nos. 2.1 to 2.5, which read thus:-

“2.1 That the petitioner is a son of Kapadia Salimbhai Abdulrehman and Salmaben Salimbhai Kapadia who are also nationals and citizens of India and are also residing at Bharuch. The petitioner was born on 15.3.1987 at Nadiad and a Birth Certificate to that effect is issued by Sub Registrar, birth and death, Nadiad Nagarpalika, Nadiad. Therefore, the correct birth date of the petitioner is 15.3.1987. Annexed hereto and marked as “Annexure-A” is the copy of Birth Certificate of the petitioner.

2.2 The petitioner studied in Saurabh Vidhyalaya at Vadodara and a School Leaving Certificate was issued in this respect to the petitioner on 23.6.2014 by the Principal of the said school which inadvertently bears the birth date of the petitioner as 5.3.1987 which is not a correct birth date of the petitioner.

The petitioner brought to the notice of the principal - the respondent no.3 this fact about his correct date of birth when he applied for a duplicate school leaving certificate as his original school leaving certificate is lost and he is having its photo copy only; in spite of that, the school leaving certificate was issued with incorrect date of birth as 5.3.1987 by the respondent no.3. Annexed hereto and marked “Annexure-B” is the copy of the said school leaving certificate of the petitioner.

2.3 The petitioner states and submits that the guardians/parents of the petitioner and/or the school authority, at relevant point of time, might have inadvertently stated the date of birth of the petitioner as 5.3.1987 in place of the correct date of birth as 15.3.1987 and therefore the school register might have reflected that incorrect date of birth. The petitioner made several efforts at his level to get corrected his date of birth as per his birth certificate but all his such efforts failed and hence his expired & existing passport bears the incorrect date of birth as 5.3.1987 as per his school leaving certificate at Annex.B in place of his correct date of birth as 15.3.1987 as per his birth certificate at Annex.A. Therefore, the petitioner having no any other alternative and efficacious remedy for his such grievance approached this Hon'ble Court with folded hands to interfere in this matter for the issuance of the order and/or direction to the respondent no.1 to 3 in this matter to correct his date of birth as per his birth certificate in his school leaving certificate so that the respondent no.4 can also be re