Bombay High Court
Kailash S/O Vitthalrao Verulkar vs Deputy Director Of Education, Amravati ... on 19 October, 2018
Author: Vinay Joshi
Bench: R. K. Deshpande, Vinay Joshi
1910WP2126.17-Judgment 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2126 OF 2017
PETITIONER :- Kailash S/o Vitthalrao Verulkar, Aged abut
33 Years, Occ. Nil, R/o. Jivan Chaya Colony,
Moti Nagar, Amravati, Tq. & Dist. Amravati.
...VERSUS...
RESPONDENTS :- 1. Deputy Director of Education, Amravati
Division, Amravati.
2. The Education Officer (Secondary), Zilha
Parishad, Amravati.
3. The Education Officer (Primary), Zilha
Parishad, Amravati.
4. Divisional Secretary, Maharashtra State
Board of Secondary and Higher Secondary
Education, Pune,Office at Tope Nagar,
Amravati.
5. Head Master, Zilha Parishad, Pre Secondary
School, Mirchapur Taroda, Tah. Tiwasa,
Dist. Amravati.
6. Head Master, Shri Deorao Dada High School
& Junior College, Tiwasa, Tah. Tiwasa, Dist.
Amravati.
7. The Secretary, Union Public Service
Commission, Dholpur House, Shahajan
Road, New Delhi-110069.
KHUNTE
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1910WP2126.17-Judgment 2/5
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Mr. V.S. Giramkar, counsel for the petitioner.
Mr.A.M.Deshpande, AGP for respondent Nos.1 and 2.
Mr.Mayank Agrawal, counsel h/f Mr. S.M.Bhangde, counsel
for respondent No.3.
Mr.Rahul Khade, counsel h/f Mrs.T.D.Khade, counsel
for respondent No.4.
None for respondent Nos.5 and 6.
Ms Neerja Girish Choubey, counsel for respondent No.7.
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CORAM : R. K. DESHPANDE &
VINAY JOSHI, JJ.
DATE : 19
. 1 0.201
8
.
O R A L J U D G M E N T (Per : Vinay Joshi, J.)
Rule. Rule made returnable forthwith. The petition is heard finally as the notice for final disposal was issued to the respondents.
2. The petitioner has sought for correction of date of birth as "15/04/1983" instead of "15/03/1983" to school record. The petitioner contended that his birth date certificate denotes the correct date of birth as 15/03/1983. However, due to oversight while admitting him in school, the date of birth has been KHUNTE ::: Uploaded on - 25/10/2018 ::: Downloaded on - 26/10/2018 23:09:02 ::: 1910WP2126.17-Judgment 3/5 mistakenly entered as 15/03/1983 instead of 15/04/1983. Apart from the date of birth certificate, the petitioner has produced certain other documents like PAN card, AADHAR card to show that except school record everywhere his date of birth has been correctly mentioned as 15/04/1983. The petitioner contended that since the mistake which initially occurred while taking entry in school has percolated in the further school record due to which he is getting difficulty in obtaining passport and facing difficulty for some other purposes also. The petitioner, therefore, made a representation to the School Authority dated 03/09/2016 seeking necessary correction on the basis of supporting documents. However, the School Authority vide letter dated 03/09/2016 refused to make correction on the premise that once the student left the school, they have no authority to make any changes in the record.
3. On perusal of the birth date certificate, we find that the certificate issued by Amravati Municipal Corporation under sections 12, 17 of the Registration of Births and Deaths Act, 1969 and Rule 8/13 of the Maharashtra Registration of Births and Deaths Rules, 2000 indicates the petitioner's date of birth as 15/04/1983. It is pertinent to note that such date was registered KHUNTE ::: Uploaded on - 25/10/2018 ::: Downloaded on - 26/10/2018 23:09:02 ::: 1910WP2126.17-Judgment 4/5 way back on 02/05/1983 which provides assurance to the contentions raised by the petitioner. The petitioner has also attracted our attention to the similar order passed by this Court dated 23/11/2013 in Writ Petition No.8549 of 2013 in which on the same grounds the School Authority has revoked to make any changes by citing Rule 26.4 of the Secondary Schools Code, 1979. In that connection this Court has considered the position and ultimately opined that the change can be made as sought and accordingly relief was granted. The impugned communication dated 03/09/2016 refers Rule 3 of the Secondary Schools Code. In this regard, we expressed our anxiousness to know the Rule, on which learned A.G.P. submitted that the same might be a mistake in quoting Rule, since Rule 3 speaks something else, therefore, we find that the relevant provision which the School Authority was intending to sought was Rule 26.4 of the Secondary Schools Code. In the light, the position reveals that as per birth date certificate, the date of birth of the petitioner is 15/04/1983, which appears to be correct one. The petitioner may suffer unforeseen hardship everywhere by incorrect school record. In the circumstances, we deem it appropriate to issue necessary directions for making corrections in school record.
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4. In the light of the above facts, respondent Nos.4 to 6 are directed to make necessary changes in the school records by making correction corresponding to the date of birth certificate of the petitioner, and issue correct authenticated copy of the same to the petitioner.
5. Rule is made absolute in the above terms. No costs.
JUDGE JUDGE
KHUNTE
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