HETAL LAXMIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Kharadi, learned advocate, for Mr. Malik, learned advocate for the petitioner, Mr. Rohan Yagnik, learned AGP for the respondent No.1 � State and Mr. Hemang Raval, learned advocate, for Mr. Oza, learned advocate for the respondent No.2. Though served, no one has appeared for the respondent No.3.

(2.) THE facts involved in and leading to submission of present petition are that, the petitioner claims that her birth date is "28-2-1986", however, it is recorded as "29-2-1986" in school record and in her School Leaving Certificate, which is incorrect and therefore, necessary correction should be made. The petitioner has also claimed that, at the relevant time, her birth date could not be registered with the concerned Gram Panchayat. It appears that when the petitioner was admitted to the school, some inadvertent mistake in recording her birth date in the school register occurred and instead of recording "28-2-1986" as the date of her birth, "29-2-1986" was recorded as her birth date. It also emerges from the record that for long time the petitioner did not take any action for getting the error corrected. She completed her secondary examination from the respondent No.3 � school in the year 2004 and higher secondary examination in 2006. She also completed her further studies in faculty of Arts and thereafter she has completed the course of B.Ed. The petitioner has claimed that as of now, she is prosecuting her studies for Master's Decree in Arts Stream. The petitioner has further claimed that all along, i.e. since her admission in primary school until now, the record reflects her birth date as "29-2-1986". She has also claimed that such error was not noticed by her until now. It is claimed that the error is apparent inasmuch as 1986 is not a leap year and therefore, the month of February in 1986 will not consist 29 days and yet the record reflects her birth date as "29-2-1986".

(3.) IT is necessary to note at this stage that according to the learned advocate for the petitioner the date mentioned in the birth certificate is incorporated pursuant to the order passed by the court of learned Judicial Magistrate First Class.