SONALBEN JITENDRABHAI PATEL Vs. STATE GOVERNMENT

JUDGEMENT

(1.) The petitioner has sought correction of the date of birth in the School Leaving Certificate. It is her say that her date of birth is 10.08.1987, but in the School Leaving Certificate it is wrongly shown as 10.04.1987. She has further averred that the School authority is not effecting the correction in the School Leaving Certificate on the ground that it has no power to do so since the petitioner has left the school on 31st May 2004.

(2.) I have heard Mr Shailesh Sharma for the petitioner and Mr Krunal Pandya, learned AGP for respondent No.1. Respondents Nos.2 and 3 are served, but they are not present. Clause (6) of Regulation 12(A) of Gujarat Secondary Education Regulations, 1974 (Regulations for short) prescribe that if the student has actually left the school, no change can be effected in the record of the school. However, if the change is to be made with regard to the birth date, it can only be done by producing before the learned concerned Magistrate, all the necessary evidence, who upon scrutiny of the same can issue certificate with regard to the real birth date and only upon production of such certificate, before the concerned authority, the correct birth date could be mentioned in the school record. This Court under Article 226 of the Constitution of India cannot make such inquiry. As already stated above, there is no provision in the Regulation to effect any change in the school leaving certificate except change relating to the birth date, after the pupil has left the school, but that should not make the genuine person suffer unnecessarily. Considering the provisions referred to above, this Court can always direct the sub-ordinate Court in the State to make necessary inquiry and issue proper certificate in accordance with the findings arrived at after the inquiry. In the background of the provisions stated above, it also appears that the learned Judicial Magistrate of the area can be the proper authority to make such inquiry and issue certificate to the concerned student. The procedure which is being followed for correction of the birth date in the school record after the pupil has left the school can be also be applied or followed in other matters such as change in the name, caste/religion, place of birth etc. Hence, the following direction:-

(3.) If such certificate is produced before the District Education Officer, respondent No.3 will forward it to the School Authority without any delay.