NISAR FATEMA Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the vires of the judgment and order dated 22nd June, 2018, passed in Criminal Revision Petition No.33 of 2018 by the learned Additional Sessions Judge, Nanded, whereby he allowed the Revision Petition, set aside the order dated 30th November, 2017, passed by the learned Judicial Magistrate, First Class (5th Court), Nanded ("the Magistrate", for short) under Section 13 (3) of the Registration of Births and Deaths Act, 1969 ("the Act", for short) and further directed to cancel the entry in the Births and Deaths Register maintained by respondent No.2 the Commissioner, Nanded-Waghala City Municipal Corporation, Nanded.

(2.) The petitioner was appointed as a teacher in Madina-Tul-Uloom Education Society's Higher Secondary School/Junior College at Nanded on 14th July, 1984. Her date of birth was recorded as 2nd March, 1960. According to the petitioner, her correct date of birth was 14th December, 1960. She applied to the Principal for correcting the date of birth on 13th February, 1987. She further sent a reminder on 24th April, 1988. However, due to the dispute between two rival groups of the Education Society, the request of the petitioner for correction of her date of birth remained unattended. The petitioner was promoted to the post of Principal in the month of July, 2016. She filed O.M.C.A. (i.e. "Other Misc. Civil Application) No.905 of 2017 before the learned Chief Judicial Magistrate at Nanded on 23rd October, 2017 seeking an order under Section 13 (3) of the Act for making entry of her date of birth in the Register of Births and Deaths. It was assigned to the Judicial Magistrate, First Class (Court No.5), Nanded. The learned Magistrate allowed that application on 30th November, 2017 and directed respondent No.2 to register the date of birth of the petitioner as "14th December, 1960".

(3.) Being aggrieved by the said order, respondent No. 5, claiming himself to be the proposed President of MadinaTulUloom Education Society, Nanded, challenged it by filing Criminal Revision Petition No. 33 of 2018. The learned Additional Sessions Judge, Nanded allowed that Revision Petition and quashed and set aside the order passed by the learned Magistrate.