BHARTIBEN Vs. DISTRICT EDUCATION OFFICER AND 2

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent-authorities to correct the date of birth of the petitioner entered in her School Leaving Certificate on the basis of her Birth Certificate and to issue a fresh School Leaving Certificate.

(2.) It is the case of the petitioner that she was born on 15.11.1954 at Village Sinhej, Taluka Mehamdavad, District Kheda and her date of birth was entered as such in the Birth Certificate. However, while admitting the petitioner in the school, inadvertently, her date of birth was entered as 04.10.1954 and in the School Leaving Certificate also, the date of birth came to be entered as 04.10.1954. Therefore, the petitioner requested respondent no.3-authority, by way of a representation, to rectify the said error. However, the respondent-authority declined to rectify the same on the ground that orders in that regard issued by a competent Court of law is necessary to carry out the said correction. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Regulation 12-A of the Gujarat Secondary Education Regulations provide that the school record cannot be corrected after the pupil leaves the school and that in such case, the only remedy available is to approach the learned Magistrate, First Class, having jurisdiction in the matter, for redressal of the grievance, as provided under Section 13(3) of the Registration of Births & Deaths Act.