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2026 Supreme(Online)(Guj) 8385

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 6154 of 2024

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Appearance:

MR GUNVANT R THAKAR(3801) for the Petitioner(s) No. 1

MS BHARGAVI G THAKAR(5015) for the Petitioner(s) No. 1

MS NIRALI SARDA, ASST. GOVERNMENT PLEADER/PP for the Respondent(s) No. 1

DELETED for the Respondent(s) No. 1,2,3

NIYATI V VAISHNAV(6168) for the Respondent(s) No. 4,5

Date : 24/03/2026

Advocates:
For the Appellants/Petitioners: Gunvant R Thakar, Bhargavi G Thakar
For the Respondents: Nirali Sarda, Niyati V Vaishnav

Educational authorities are legally obligated to rectify dates of birth in school registers upon the production of valid, judicially-recognized official birth certificates, and petitions for such corrections cannot be dismissed solely due to the passage of time or administrative delays.

Headnote:(A) Constitution of India - Article 226 - Registration of Births and Deaths Act, 1969 - Section 15 - Correction of date of birth in school records - Petitioner sought correction of birth date in official school register based on entry in government birth register previously amended via judicial order - Authority refused correction citing administrative policy and lapse of time - Held that educational authorities are obligated to correct school records based on genuine, pre-existing registration of birth in official registers without requiring a fresh civil suit - Reliance placed on the legal position that authorities are empowered and duty-bound to conduct inquiries and rectify entries in records when documentary evidence is undisputed. (Paras 4, 12, 12.1)

Facts of the case:
The petitioner, a government employee, sought to reconcile a discrepancy between their stated date of birth in service/school records and the entry in the official register of births and deaths. An order from a judicial magistrate had previously directed the correction of the official birth register to reflect the accurate date. Despite this, scholastic authorities refused to amend the entry in the school records, citing the passage of time and lack of supporting documentation from the time of admission.

Findings of Court:
The court noted that the jurisdictional authority to correct such records exists and should be exercised when the documents are not in dispute. It was observed that the refusal to update records solely based on the passage of time, despite the existence of a valid and corrected official birth registration, constitutes an unfair administrative practice and contradicts the duty of the authorities to maintain accurate records.

Issues: The main question was whether educational authorities could deny requests for the correction of a date of birth in school registers after a significant lapse of time when the petitioner has already obtained a judicial order and a corrected birth certificate from the relevant statutory authority.

Ratio Decidendi: The authorities responsible for maintaining official records are mandated to act on applications for correction when supported by reliable and legally validated documentary evidence. The refusal to rectify clerical errors in educational records, despite the production of a corrected official birth certificate, is legally untenable and requires the issuance of a writ of mandamus to ensure administrative records reflect the truth.

Result: Petition allowed; local authorities directed to issue a fresh certificate with the corrected birth date.

JUDGMENT

1. Rule returnable forthwith. Learned Assistant Government Pleader Ms. Nirali Sarda, waives service of notice of Rule for and on behalf of the respondent No.1 and learned counsel Ms. Niyati Vaishnav, waives service of notice of Rule for and on behalf of the respondents No.4 and 5.

2. With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing today.

3. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

“(a) allow this petition with cost; and / or

(b) hold and declare that date of birth of the petitioner i.e. 05/03/1988 (Ann.A Colly.) which is recorded by the Registrar and Talati cum Mantri, Gram Panchayat, Morkanda, District Jamnagar in the Birth and Death Register considering the order dated 30/06/1995 (Ann.A Colly.) passed by the Ld. Judicial Magistrate is just and proper; and / or

(c) direct respondent no.5 to make necessary change by correcting date of birth of the petitioner from 05/03/1984 to 05/03/1988 (Annexure-A Colly.) in the General Register of the respondent no.5 – Primary School, Morkanda, District Jamnagar consisting the date of birth as 05/03/1988 (Annexure-A Colly.) recorded by the Registrar, Talati cum Mantri, Gram Panchayat, Morkanda, District Jamnagar on 06/07/1995 (Annexure-A Colly.) on the basis of order dated 30/06/1995 (Annexure-A Colly.) passed by the Ld. Judicial Magistrate, Jamnagar; and / or

(d) pending admission and final hearing of this petition, the Hon’ble Court may be pleased to direct the respondent no.5 - Primary School, Morkanda, District Jamnagar to carry out necessary changes in the General Register, Primary School, Morkanda, District Jamnagar considering the date of birth recorded as 05/03/1988 (Annexure-A Colly.) in the Birth and Death Register, Gram Panchayat, Morkanda, District Jamnagar on 06/07/1995 (Annexure-A Colly.) on the basis of order dated 30/06/1995 (Annexure-A Colly.) passed by the Ld. Judicial Magistrate, Jamnagar; and / or

(e) grant any other relief or pass any other order which the Hon’ble Court may consider as just and proper in the facts, circumstances and grounds of the case.”

4. Brief facts giving rise to the present petition are that, the petitioner was appointed as Section Officer, Class-II under the control of Home Department vide notification no.SAS-102017-581864-KH.1 dated 17.10.2017 published by the General Administration Department pursuant to advertisement no.09/2014-15 published by Gujarat Public Service Commission for the post of Class-I and Class-II. That, the petitioner had joined the post of Section Officer, Class-II w.e.f. 24.10.2017 under the control of Home Department and Home Department had issued order no.MHK-132017-5235-K giving appointment to the petitioner as Section Officer, Class-II w.e.f. 24.10.2017. Presently, petitioner is working as Under Secretary under the control of respondent No.2- Energy and Petrochemicals Department w.e.f. 29/10/2022. That, the General Administration Department has issued resolution issuing instructions to decide the date of birth and in para-3 of the said resolution specifically mentioned that in case of change of date of birth in school leaving certificate or matriculation certificate or S.S.C. certificate or date of birth registered in the Birth and Death register of Local Authority or Municipality than date of birth registered in Birth and Death Register will be considered as correct and final for admission in Government service. That, para-4 of the said G.R. provides time limit for making request for correction of date of birth. That, the father of the petitioner had approached the court of learned Judicial Magistrate, Jamnagar for registration of date of birth in the Birth and Death Register, Gram Panchayat, Morkanda and learned Judicial

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2026 Supreme(Online)(Guj) 8385

Educational authorities are legally obligated to rectify dates of birth in school registers upon the production of valid, judicially-recognized official birth certificates, and petitions for such corrections cannot be dismissed solely due to the passage of time or administrative delays.

Cases Referred (2)