ORAL ORDER

1. Rule. Learned AGP Mr.Ishan Joshi waives service of notice of rule for and on behalf of the respondent State and learned advocate Mr.A.D.Oza waives service of notice of rule on behalf of the respondent no.2.

2. The present writ application has been filed under Article 226 of the Constitution of India seeking the following reliefs:-

“a. Your Lordships may kindly be pleased to admit and allow this petition;

b. Your Lordship may kindly be pleased to issue a writ of mandamus or any other writ, order or direction directing the respondent authorities to consider the representation date 16.12.2020 and further direct them to change the date of birth in the School Leaving Certificate;

c. Your Lordship may kindly be pleased to quash and set aside the reply/ communication of the respondent no.1 dated 23/24.12.2020;

d. Your Lordships may kindly be pleased to grant such other and further relief as may deem just and proper in the facts and circumstances of the case.”

2. The brief facts as stated for adjudication of the present writ application, which read thus:-

2.1 The writ-applicant herein after finishing his schooling went to Philippines to pursue his study in MBBS and after graduating as MBBS came back to India to serve the country in time of pandemic but before starts his practice as doctor he has to appear for a screening test known as FMGE conducted by NMC (previously known as MCI) and due to two different sets of date of birth, his application result is kept pending.

2.2 In view of above, the writ-applicant is constrained to approach this Court for correction of date of birth in School Leaving Certificate, which is produ+ced at Page 14.

3. Ms.Laksha Bhavnani, the learn ed advocate appearing on behalf of the writ-applicant submitted that the writ-applicant is resident of B-17, Shantinagar Society, Beside Diamond Mill, Nikol Gam Road, Nikol 382350, Ahmedabad, Gujarat. The writ-applicant studied in Saraswati Vidhyalaya, A.K.Road, Surat-395008 and his School Leaving Certificate issued by the school i.e. respondent no.3. While issuing the certificate, the date of birth of the writ-applicant in the School Leaving Certificate was recorded as “23.08.1996” but the actual date of birth of the writ-applicant is “23.11.1996”.

3.1 Ms.Bhavnani, the learned advocate submitted that this mistake occurred on the part of the writ applicant’s maternal grandfather, who gave an approximate date of birth to the school authorities when he started his schooling and the said date of birth i.e. 23.08.1996 continued throughout in his school records. The writ applicant’s date of birth in School Leaving Certificate was printed as 23.08.1996 but according to his birth certificate and other Government documents, his actual date of birth is

23.11.1996.

3.2 The writ-applicant approached the respondent authority i.e. respondent no.2 – Gujarat Secondary and Higher Secondary Education Board, Gandhinagar by the letter dated 27.11.2021, which was served on 14.12.2020. The respondent no.2 did not reply to the said application preferred by the writ-applicant. In view of the writ- applicant, there is urgency in correction of date of birth in School Leaving Certificate and due to this, the writ-applicant would not be in position to appear in screening test, which is duly conducted by NMC.

4. Mr.Oza, the learned advocate appearing on behalf of the respondent no.2 relying upon the affidavit-in-reply submitted that the writ- applicant is seeking change in date of birth from “23.08.1996” to “23.11.1996”. Mr.Oza further submitted that the writ-applicant passed standard 10th in the year 2011, however, the application for change in date of birth for the first time applied on 16.12.2020 and the District Education Officer vide Communication dated 23/24.12.2020 informed that as per the provisions of Regulation 12(A) of the Gujarat Secondary and Higher Secondary Education Regulations, 1974, no proceedings can be undertaken and in view of this, learned advocate Mr.Oza submitted that t