IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15398 of 2025 ================================================================

LABANA CHIRAG RAJESHBHAI Versus STATE OF GUJARAT & ORS.

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Appearance:

PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1 MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 01/12/2025

ORAL ORDER

1. By the present writ petition, the petitioner prays for appropriate writ or direction to direct the respondent authorities to correct the date of birth of the petitioner in the School Leaving Certificate in accordance with the birth certificate issued by the competent authority under the provisions of the Registration of Births and Deaths Act, 1969 (for short “the Act”).

2. It is submitted by learned counsel Mr.Prateek S. Bhatia for the petitioner that the petitioner was born on 02.11.2007 at Modasa, District Aravalli and the said date of birth is duly registered under the Act. He submits that at the time of taking school admission, inadvertently and by mistake the date of birth of the petitioner is erroneously entered and recorded as 30.08.2007. He submits that after completing his education, the petitioner was issued School Leaving Certificate bearing SLC No.1158 dated 11.05.2024, wherein the date of birth of the petitioner is wrongly mentioned as 30.08.2007 instead of 02.11.2007. He further submits that the date of birth 02.11.2007 is reflected in all the other official record and valid documents issued by the Government Authorities like Aadhar Card etc. That upon coming to know the discrepancy, the petitioner has given an application to the District Education Officer (DEO) for correction in the date of birth as mentioned in the School Leaving Certificate, however no action has been taken till date and the same is pending. He, therefore, submits that the present writ petition be allowed. In support of his contentions, he has relied upon the judgment of this Court in the case of Sejalben Mukundbhai Patel W/o Khodabhai Joitaram Patel vs. State of Gujarat, reported in 2019 (0) AIJEL-HC

240227.

3. Learned AGP Ms.Tanushree Shrimal submits that appropriate orders be passed in the present case.

4. Heard learned counsel for the parties. Perused the documents and considered the submissions.

5. The Coordinate Bench of this Court in the case of Nitaben Nareshbhai Patel vs. State of Gujarat, reported in 2008 (10) GLH 556 has observed in paragraph nos.6.6 and 6.7 as under:-

“6.6 In view of above position of law, it cannot be said that when the petitioner has made an application for correction of entry in the date of birth etc. which was recorded at the relevant time, merely because the date of birth sought to be corrected is later in point of time by three months than the originally recorded, the authority cannot exercise powers under Section 15 of the Act read with Rule 11 as above. It has to consider whether the entry in the birth date is correct or can be cancelled and denied after making inquiry and after going through relevant material which may be produced by the petitioner or which the competent authority may call for satisfying itself. It is entirely not germane to say that there was a gap of three months between old birth date and new birth date so as to refuse to exercise power on that count. 6.7 In view of above, the competent authority respondent No.2 herein has to exercise his powers so as to consider the merits of the request of the petitioner for correction of date of birth as well as corrections in the name of mother and the name of grandfather. The respondent No.2 has got powers for correction in relation to the entries and the name also and such correction or cancellation also comes within the purview of the powers under Section 15 of the Act. In the facts and circumstances of the case, necessary directi