IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Patel Ravibhai Bhimjibhai - Appellant
Versus
State of Gujarat - Respondent
R/Special Civil Application No. 10263 of 2021
Decided On : 21-02-2022
.Constitution of India, 1950 - Article 226 - Gujarat Secondary and Higher Secondary Regulation 1974 - Section 12A, 12 A (6) - Registration of Births and Deaths Act, 1969 - Section 13 - Delayed registration of births and deaths - Quashing and setting aside - Date of birth of writ-applicant was incorrectly mentioned in Class 10 and Class 12 School leaving Certificate and Mark-sheet of Class 10 instead as it was a mistake and said mistake was not with ulterior motive - Writ-applicant had not committed any anomaly - However, it was a mistake committed by parents of writ-applicant while admitting writ-applicant in school while filling up form – Held, writ-applicant has produced original Birth Certificate and has submitted that said certificate is genuine - There is no reason for this Court to doubt genuineness of Birth Certificate and date of birth - Say of writ-applicant is that date of birth mentioned in school leaving certificate is incorrect in view of mistake committed by his parents at time of filling form for admission in school - Respondent authority has failed to point out any malafide intention on part of writ-applicant and documents duly produced by writ-applicant cannot be doubted - Clearly in view of aforesaid provisions of law as discussed above Judicial Magistrate First Class is not vested with power to make changes in school record - Court it is apposite to exercise discretion under Article 226 of Constitution of India and direct respondent authority to make necessary correction as prayed for by writ-applicant in present writ-application, more particularly when there is no doubt with regard to genuineness of date of birth as referred above - Writ-application stands allowed.
JUDGMENT :
1. By way of this writ-application, which is filed under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs :-
(B) To pass an order 2021 quashing and setting aside the impugned order dated 23.4.2021 issued by the Respondent No.2 herein that has been annexed to this Petition and marked as Annexure-A and declare the same to be illegal and Unconstitutional;
(C) To pass an order directing the Respondent No.2 herein to change the date of birth of the Petitioner from 17.04.1991 to his actual date of birth i.e. 17.04.1992 in all the 3 documents (Class 10 School leaving Certificate, Class 12 School leaving certificate and Class 10 report card) that have been annexed to this Petition and marked as Annexure-B (colly);
(D) To dispense with the affidavit of the Petitioner and the typed copy of all annexures on account of the prevailing pandemic;
(E) Any such other and further relief/s as the nature and circumstances of the case may require;"
2. The brief facts as stated by the writ-applicant for the adjudication of the present writ-application stated thus :-
2.2 While applying for various competitive exams and while filing in the forms as part of the application process, it was noticed by the writ-applicant that the writ-applicant's date of birth was incorrectly mentioned in his Class 10 and 12 School leaving certificates along with his Class 10 mark-sheet as 17.04.1991' instead of 17.04.1992' which is his actual date of birth.
2.3 On noticed of such anomaly, the writ-applicant approached the Schools that had issued the aforesaid Certificates. The Schools though willing to help him stated that they could not carry out the necessary changes as the authority vested with the respondent No.2.
2.4 The writ-applicant herein approached the respondent No.2. The respondent No.2 informed the writ-applicant that the respondent No.2 has no powers to make the requisite changes and that they would make the changes only if an order is made available from the Court of law. The writ-applicant preferred representation to the respondent No.2 on 17.3.21 which the respondent No.2 declined to decide. The writ-applicant approached this Court by filing Special Civil Application No.5902 of 2021. This Court by order dated 31.3.21 passed in SCA 5902 of 2021 directed the respondent No.2 to decide said representation. The representation dated 17.3.2021 included the Aadhaar card, election card, pan card and passport and also the birth-certificate of the writ-applicant duly issued by the authority which reflect the age of the writ-applicant correctly as 17.4.1992. The respondent no.2 refused to make the necessary changes as requested by the writ-applicant herein and the representation of the writ-applicant 17.3.2021 by communication dated 23.4.2021.
3. Being aggrieved by the impugned communication dated 23.4.2021 rejecting the representation dated 17.3.2021 made by the writ-applicant, the writ-applicant is constrained to approach this Court.
4. Heard Mr. Ronit Joy, the learned advocate appearing for Mr. Subham Jhajharia, the learned advocate for the writ-applicant. Mr. Joy, the learned advocate candidly submitted that the date of birth of the writ-applicant was incorrectly mentioned in the Class 10 and Class 12 School leaving Certificate and the Mark-sheet of Class 10 as 17.4.1991 instead of 17.4.1992 as it was a mistake and the said mistake was not with ulterior motive. The writ-applicant had not committed any anomaly. However, it was a mistake committed by the parents of the writ-applicant while admitting the writ-applicant in the school while filling up the form. The mistake was p
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