Point of Law: Date of birth correction - Birth Certificate issued by the competent authority under the provisions of the Act of 1969 is a statutory certificate, which has very high evidentiary value and respondent No.4 has to consider the said aspect while correcting the date of birth in the School Leaving Certificate.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has invoked an extraordinary jurisdiction of this Court for seeking following reliefs :-

“[A] To issue a writ, order or direction quashing and setting aside the Reply of the

District Education Officer, Ahmedabad dated 10/11/2020 being “Annexure-B” to the petition.

[B] To issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authority to effect the change of Month of Birth from 22/08/2003 to 22/09/2003 and also correct the petitioner name mentioned in the Leaving Certificate and be further pleased to direct the respondent authority to issue fresh Leaving Certificate showing his real Month of Birth and the real name of the petitioner.

[C] During pendency of the petition Advocates Appeared : interim relief in terms of para (B) may please be granted.

[D] Your Lordships may be pleased to grant such other and further relief/s as may be deem just and proper.”

2. The case of the petitioner is that the petitioner is a citizen of India. The son of the petitioner was born on 22.09.2003 at Chhipa Welfare General Hospital, Ahmedabad and on 10.11.2003, the competent authority registered the birth date of son of the petitioner. However, the birth date of son of the petitioner was inaccurately recorded in the school leaving certificate of the respondent school as 22.08.2003 instead of 22.09.2003. In addition thereto, even in the school leaving certificate, the name of the petitioner was erroneously recorded as Nadeem instead of Nadeemkhan. It is the case of the petitioner that the son of the petitioner is named as Shahidkhan. He is studying in Western India Institute of Aeronautics Private Limited and wants to apply for computer number from Directorate General of Civil Aviation (DGCA), but in view of aforesaid wrongly written date of birth and name of the petitioner, the petitioner’s request had not been considered which has constrained the petitioner to prefer a representation before the authority, however, by a brief order without applying the mind, a decision is taken rejecting the request of the petitioner vide communication dated 10.11.2020 reflecting on page 10 of the petition compilation. Hence, the petitioner, aggrieved by the same, has approached this Court by way of present petition.

3. Originally, the petition came up before Coordinate Bench. Then, the same came up before the Coordinate Bench of this Court wherein vide order dated 23.03.2021, notice was issued making it returnable on 15.04.2021 and since the matter pertained to change of birth date, the same was ordered to be placed on 07.06.2021 vide order dated 27.04.2021. Lastly, when the matter was taken up before this Court on 07.06.2021, Ms. Nasrin N. Shaikh produced a copy of order passed by the Coordinate Bench of this Court and asserted that the issue is squarely covered by the said decision and thereby, requested for some time and pursuant to the aforesaid order having been passed by this Court, the matter has come up for consideration before this Court where upon learned advocates for the respective parties have been heard.

4. Learned advocate Ms. Nasrin N. Shaikh appearing on behalf of the petitioner has submitted that the petitioner has made a request before the authority time and again precisely before respondent No.2 authority who is District Education Officer and it was expected on part of the said authority at least to examine the material and make necessary changes so far as a school leaving certificate is concerned. According to Ms. Shaikh, it is the District Education Officer who is an appropriate authority to make necessary changes and since respondent No.3 is functioning under the pervasive control of the State authority, the institution on its own cannot correct and this aspect ought not to have been overlooked by the authority who issued the impugned communication on 10.11.2020. Learned advocate Ms. Shaikh has canvassed th