SHITALBEN DHANSUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent-authorities to carry out necessary correction as regards her birth date in the School Leaving Certificate issued by respondent no.3.

(2.) The facts in brief are that the petitioner was born on 24.11.1972 in Village Simadi, Taluka Kamrej, District Surat and her date of birth was recorded as such in the Register maintained under the provisions of the Registration of Births and Deaths Act, 1969 (for short, "the Act"). However, while taking admission in the school, her date of birth was wrongly entered as 24.11.1974 instead of 24.11.1972. The said date was also reflected in the School Leaving Certificate issued to her. To rectify the said error, the petitioner approached the respondent-authorities by way of representations. However, no action was taken by them. 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, which is provided under Section 13(3) of the Registration of Births & Deaths Act, 1969.