ABHUBHAI DALSANGBHAI CHAUDHARI Vs. PRINCIPAL NAVRANG MADHYAMIK SCHOOL

JUDGEMENT

(1.) By way of this petition, petitioner challenges the order dated 19.08.2019 passed by the Joint Director of Education (Secondary), Gujarat State, Gandhinagar, whereby the request made by the petitioner to record change of his date of birth in the service book to be 15.01.1964 instead of 01.06.1962 is refused. The said order came to be communicated vide communication dated 06.09.2019 by District Education Officer, Ahmedabad City addressed to the Principal of Navrang Secondary School, Naranpura, Ahmedabad where at present petitioner is serving. The petitioner has challenged both the orders as also requested the Court to direct the authority to change the date of birth as aforesaid in his service book as per the order passed by the learned Judicial Magistrate First Class, Kheralu, dated 18.02.2013 in Criminal Misc. Application No.62 of 2012 in the interest of justice.

(2.) As the initial service detail is not mentioned in the petition but from the affidavit in reply filed by respondent No.2 herein, affirmed on 14.06.2020, it is clear that the petitioner joined the service on 23.09.1992, where his date of birth was noted as 01.06.1962, as Assistant Teacher. On 21.05.2012, the mother of the petitioner filed Criminal Misc. Application No.62 of 2012 under the Gujarat Secondary Education Regulations, 1947 seeking change of date of birth recorded in school leaving certificate bearing general register No.1424 at Municipal High School, Kheralu and place of birth based on birth certificate issued by the Chachariya Gram Panchayat. The said application came to be filed against the Principal of Municipal High School, Kheralu, as also the Talati-cum-Mantri, Chachariya Gram Panchayat, Tal: Kheralu, Dist: Mehsana. It was claimed in the aforesaid application before the learned Magistrate that the school leaving certificate of the petitioner contains two wrong details by mistake (i) date of birth to be 01.06.1962 and (ii) place of birth to be village- Thangana. It was claimed in that application that actual date of birth of the petitioner is 15.01.1964 and place of birth to be village-Chachariya. It is further claimed in it that the birth of petitioner took place at the parental home of his mother being Village- Chachariya. It is further claimed in it that the said birth was registered in the record of Chachariya Gram Panchayat. It is further claimed in it that while admitting the petitioner in school, through mistake date of birth is given to be 01.06.1962 as also place of birth stated to be "Thangana".

(3.) The learned Judicial Magistrate First Class, Kheralu by his judgment and order dated 18.2.2013, after recording the deposition of the mother of the petitioner, maternal uncle of the petitioner, head-clerk of the municipal high school, Kheralu and Talati-cum-Mantri of Chachariya Gram Panchayat, concluded and directed that in a school leaving certificate bearing certificate No.1026 of the petitioner date of birth be corrected from 01.6.1962 to 15.01.1964 and place of birth to be corrected as Chachariya in place of Village- Thangana. Thus, the Municipal High School, Kheralu directed to effect those changes in the school leaving certificate issued by it. It appears that petitioner requested the authority to effect the change of date of birth in the service record based on such corrected school leaving certificate. However, the authority appears to have rejected the claim. Therefore, the petitioner filed Special Civil Application No.12670 of 2016 before this Court praying setting aside of order dated 26.06.2015 refusing to correct the date of birth of the petitioner in the service record and seeking direction to the respondents therein to accept the corrected school leaving certificate in lieu of earlier school leaving certificate and effect the correction in the date of birth of the petitioner. This Court vide order dated 21.02.2018 directed the respondents authorities to reconsider the grievance made by the petitioner as judgment and order passed by the JMFC, Kheralu had attained finality, it was expected that appropriate correction be made in response thereto.