JITESHKUMAR RAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The petition is taken up for final hearing and disposal today considering the scope of the controversy. The learned advocates appearing for the respective respondents are directed to waive service.

(2.) This petition has been filed primarily seeking a direction to the respondents to change the date of birth of the petitioner in School Leaving Certificate which shows the date of birth as 31.08.1987, instead of the correct date, namely, 05.09.1987.

(3.) The School Leaving Certificate issued to the petitioner on 22.05.2006 by respondent No.3 School shows the date of birth as 31st August, 1987. The case of the petitioner is that as per the certificate of birth (Annexure-A) recorded under the Birth and Death Registration Act, 1969 the correct birth date is 05.09.1987. The petitioner moved the Metropolitan Magistrate, Ahmedabad with Criminal Misc. Application No.541 of 2007. The said application came to be rejected vide order dated 10.08.2007 whereunder after referring to the provisions of Section 13(3) of the Birth and Death Registration Act, 1969, the Court has come to the conclusion that the Court has no power / jurisdiction to change the date of birth in the School Leaving Certificate.