Gujarat High Court
Chauhan Tushar Meheshbhai vs State Of Gujarat on 25 November, 2025
NEUTRAL CITATION
C/SCA/14795/2025 ORDER DATED: 25/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14795 of 2025
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CHAUHAN TUSHAR MEHESHBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VIRAL J VYAS(6233) for the Petitioner(s) No. 1
MR.KISHAN PRAJAPATI(7074) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,3
MS POONAM M MAHETA(11265) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 25/11/2025
ORAL ORDER
1. Rule returnable forthwith. Learned counsel Ms. Poonam Maheta waives service of notice of rule on behalf of respondent No.2 and learned Assistant Government Pleader Mr. Nikunj Kanara waives service of notice of rule on behalf of respondents No. 1 & 3.
2. By the present writ petition, the petitioner is seeking a direction to the respondent No.2 to amend the date of birth in the school leaving certificate in terms of the birth certificate which has been issued by the competent authority.
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3. Learned counsel for the petitioner submits that as per birth certificate issued to the petitioner, is correct date of birth is 11.09.1992, however, in the school leaving certificate (Annexure-A) the date of birth has been recorded as 01.06.1992. Learned counsel further submits that in all other relevant documents like Aadhar Card, Voter ID Card, Pan- card and Driving License, the birth date of the petitioner is correctly shown as 11.09.1992. Learned counsel submits that since an error has crept in the date of birth as recorded in the school leaving certificate, the same is required to be corrected.
3.1 In support of his submission, learned counsel for the petitioner has placed reliance on the order dated 05.12.2018 passed by the Co-ordinate Bench of this Court in Special Civil Application No. 4630 of 2018.
4. Learned counsel Ms. Poona Mehta for respondent No.2 herein submits that the date of birth as recorded in the school leaving certificate is as per the documents provided by the petitioner.
5. Heard learned counsel for the parties, considered the submissions and perused the documents on record. The Co-
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ordinate Bench of this Court in Special Civil Application No. 4630 of 2013 vide its order dated 05.12.2018 has held as under :-
"7. At this stage, this Court would like to refer the observations made by the learned Single Judge of this Court in the order dated 09.10.2006 passed in Special Civil Application No.4337 of 2006, especially, Paragraph9 thereof, which reads as under:
"Para 9. Looking to the facts and circumstances of the case and, the Certificate issued under section 12 and 17 of The Registration of Birth and Death Act,1969 the prayer as prayed for is required to be granted since the documents at Annexure 'A' is a statutory Certificate, which has very high evidentiary value. So far as the facts, which are mentioned in the said Certificate at Annexure "A"
reveal the date of birth of the petitioner as 28.08.1982. The details given in the Certificate have been recorded as per the statutory provision under the Act,1969. The date of birth mentioned in Annexure "A" ought to have been reflected in Certificate at Annexure "B" issued by the respondent No.2. The contention raised by the learned counsel appearing on behalf of the respondents that in pursuance of the Rule 12 of Gujarat Secondary Education Rules 1974, such amendment in the school leaving certificate is not permissible, once the student, present petitioner has left the school. This contention is not accepted by this Court mainly for the reason that errors are required to be corrected. The respondents are not error proof authorities. If the error has been accepted by the respondents denial of corrections of the documents is an arbitrary action. The only question, which is now left out is mandamus operandi for carrying out the corrections in school leaving certificate. There can be several methods of corrections of school leaving certificate like direct correction in the school leaving certificate itself or by keeping the certified copy of birth registration certificate issued by the State of Gujarat under Sections 12 and 17 of the Registration of Birth and Death Act 1969, by the concerned school in their register and amended copy of school leaving certificate can be given to the petitioner or by putting notes in margin that this amendment in the birth date is Page 3 of 7 Uploaded by SALIM(HC01108) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:28:32 IST 2025 NEUTRAL CITATION C/SCA/14795/2025 ORDER DATED: 25/11/2025 undefined carried out as per the certificate issued by the State Government, but, total denial by the concerned respondents that they shall not amend the school leaving certificate, despite the certificate of birth issued by the State of Gujarat tantamounts to violation of public duty and hence, writ of mandamus is issued upon the concerned respondents to carry out necessary amendment in school leaving certificate on the basis of document issued by the State of Gujarat namely the Birth Certificate issued under the Act, 1969. It is for the concerned respondent school to keep and preserve a certified/original of Annexure "A" in the school register and thereafter, they can issue the corrected copy of school leaving certificate by putting necessary notes in the margin. But the error has to be corrected by the concerned respondents authorities. There can not be any error, which can not be corrected. Rule made absolute to the aforesaid extent with no order as to costs."
8. Similar observations were also made in Paragraph8 of the order dated 13.02.2007 passed by the learned Single Judge in Special Civil Application No.3259 of 2007, which reads as under:
"Para 8. Looking to the facts and circumstances of the case and the Certificate issued under Sections 12 and 17 of the Act, the prayer as prayed for is required to be granted since the document at Annexure 'A' is a statutory Certificate, which has very high evidentiary value. So far as the facts, which are mentioned in the said Certificate at Annexure "A" reveals the date of birth of the petitioner is 1212 1976. The details given in the Certificate have been recorded as per the statutory provision under the Act. The date of birth mentioned in Annexure 'A' ought to have been reflected in Certificate at Annexure "B" issued by the respondent No.4. The contention raised by the learned counsel appearing on behalf of the respondents that in pursuance of the Rule 12 of the Gujarat Secondary Education Rules, 1974, such amendment in the School Leaving Certificate is not permissible, once the student, present petitioner has left the school. This contention is not accepted by this Court mainly for the reason that errors are required to be corrected. The respondents are not error proof authorities. If the error has been accepted by the respondents, denial of corrections of the documents is an arbitrary action. The Page 4 of 7 Uploaded by SALIM(HC01108) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:28:32 IST 2025 NEUTRAL CITATION C/SCA/14795/2025 ORDER DATED: 25/11/2025 undefined only question which is now left out is mandamus operandi for carrying out the corrections in the School Leaving Certificate. There can be several methods of corrections of School School Certificate like direct corrections in the School Leaving Certificate itself or by keeping the certified copy of birth registration certificate issued by the State of Gujarat under Sections 12 and 17 of the Act, by the concerned School in their register and amended copy of School Leaving Certificate can be given to the petitioner or by putting notes in margin that this amendment in the birth date is carried out as per the certificate issued by the State Government, but, total denial by the concerned respondents that they shall not amend the School Leaving Certificate, despite the certificate of birth issued by the State of Gujarat tantamounts to violation of public duty and hence, writ of mandamus is issued upon the concerned respondents to carry out necessary amendment in School Leaving certificate on the basis of documents issued by the State of Gujarat, namely, the Birth Certificate issued under the Act. It is for the concerned respondent school to keep and preserve a certified/original of Annexure A in the School Register and thereafter, they can issue the corrected copy of School Leaving Certificate by putting necessary notes in the margin. But the error has to be corrected by the concerned respondents authorities. There cannot be any error, which can not be corrected."
9. Similarly, in the another petition being Special Civil Application No.8236 of 2006, vide order dated 05.05.2006, this Court disposed of the said petition, while giving directions to the concerned authority in Paragraphs8 and 9, which read as under:
"Para8. Looking to the facts and circumstances of the case and, the Certificate issued under section 12 and 17 of The Registration of Birth and Death Act,1969 the prayer is given required to be granted since the docuemtns at Annexure 'A' is a statutory Certificate, which has very high evidentiary value. So far as the facts, which are mentioned in the said Certificate at Annexure "A"
reveals the date of birth of the petitioner is 20.11.1981. The details given in the Certificate have been recorded as per the statutory provision under the Act,1969. The date of birth mentioned in Annexure "A" ought to have been reflected in Certificate at Annexure "B" issued by the respondent No.2.
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Para9. Accordingly the respondent Nos. 2 is directed to make necessary changes in their records and Certificate, as stated hereinabove showing the correct date of birth of petitioner as 20.11.1981 instead of 20.11.1979. This exercise shall be done on before 19.05.2006. D.S. Permitted. Rule made absolute to the aforesaid extent."
10. The Division Bench of this Court in the order dated 24.11.2011 passed in Letters Patent Appeal No.239 of 2011, even after considering the provisions of alternative remedy under the concerned regulation,observed in Paragraph11 as under:
"Para11. This Court is, therefore, left with two alternatives, first being that to relegate the appellant to the Civil Court for pursuing his cause while setting aside the order impugned and secondly, to set aside the order impugned and, instead of insisting the appellant to pursue alternative remedy, exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and to issue a direction to the school authorities for making necessary correction, particularly when there is no dispute about the genuineness of the certificate of birth and the date of birth indicated therein. In our view, a citizen need not be made to run from pillar to post for such a genuine and petty cause and we deem it proper to opt for the second alternative in the peculiar facts of this case.
6. I am in respectful agreement with the view taken by the Co-ordinate Bench of this Court. It is well settled that the birth certificate issued by the competent authority under the provisions of Registration of Birth and Death Act, 1969 is a statutory certificate and having high evidentiary value. The respondent has to consider such certificate in respect of correction of date of birth. In the present case, the birth certificate issued by the competent authority recorded the Page 6 of 7 Uploaded by SALIM(HC01108) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:28:32 IST 2025 NEUTRAL CITATION C/SCA/14795/2025 ORDER DATED: 25/11/2025 undefined date of birth of the petitioner is as 11.09.1992.
7. In view of the above observations, the prayers made in the present writ petition is allowed. The respondent No.2 is directed to record the correct the date of birth of the petitioner as 11.09.1992 in view of the birth certificate issued to the petitioner and accordingly make necessary changes in their record and the school leaving certificate.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
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