MADHUBEN Vs. DISTRICT EDUCATION OFFICER AND 1

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to make necessary correction in the date of birth of the petitioner as entered in the School Leaving Certificate and to issue a fresh School Leaving Certificate with the correct date of birth.

(2.) The facts in brief are that the petitioner was born on 11.10.1966 at Village Sarsa, Taluka and District Anand and her date of birth was entered as such in the Birth Certificate maintained under the provisions of the Registration of Births & Deaths Act, 1969, 1969. However, while taking admission in the school, her date of birth was wrongly entered as 12.10.1966 and accordingly, in the School Leaving Certificate, her date of birth has been entered as 12.10.1966 instead of 11.10.1966. When the petitioner applied for Visa, the said fact came to her notice and therefore, she approached the respondent-authority by way of a representation with a request to rectify the said error. However, the respondent-authority declined to carry out the correction. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Regulation 12-A of the Gujarat Secondary Education Regulations provide that the school record cannot be corrected after the pupil leaves the school and that in such case, the only remedy available is to approach the learned Magistrate, First Class, having jurisdiction in the matter, for redressal of the grievance, as provided under Section 13(3) of the Registration of Births & Deaths Act, 1969.