Patel Foram Sureshbhai vs State Of Gujarat

Aniruddha P. Mayee, J

Mr. Meet A. Shah, learned advocate submits that Mr. A.D.Oza, learned advocate has instructions to appear on behalf of the respondent No.5 and he will file his vakalatnama in the registry during the course of the day. Registry is directed to accept the vakalatnama of Mr. A.D.Oza, learned advocate for the respondent No.5.

Rule returnable forthwith. Mr.Ayaan Patel, learned AGP waives service of notice of Rule for respondent No.1 and Mr. Meet A. Shah, learned advocate for Mr. A.D.Oza, learned advocate, waives service of notice of Rule for respondent No.5.

The present writ petition is filed praying for the following reliefs:

“6(A) Your Lordship may be pleased to allow this petition.

(B) Your Lordship may be pleased to issue appropriate writ, order or direction, directing the concern respondent authority to correct the birth date in the school leaving certificate i.e. 21/08/1991 instead of 22/08/1991 pursuant to the birth certificate and other documentary evidence and further be pleased to direct the concern authority to issue a fresh school leaving certificate after making necessary correction in the school leaving certificate correcting the birth date i.e. 21/08/1991 instead of 22/08/1991 pursuant to the birth certificate and other documentary evidence.

(C) pending Admission, hearing and final disposal of the petition Your Lordship may be pleased to direct the concern respondent authority to correct the birth date in the school leaving certificate i.e. 21/08/1991 instead of 22/08/1991 pursuant to the birth certificate and other documentary evidence and further be pleased to direct the concern authority to issue a fresh school leaving certificate after making necessary correction in the school leaving certificate correcting the birth date i.e. 21/08/1991 instead of 22/08/1991 pursuant to the birth certificate and other documentary evidence in the interest of Justice.

It is submitted by the learned counsel for the petitioner that the date of birth of the petitioner is 21.08.1991 as per the Birth Certificate which has also been wrongly mentioned in the School Leaving Certificate issued by Shree Sharda Higher Secondary School, Ahmedabad (Annexure-B of the petition).

However, an error has crept in the School Leaving Certificate issued by respondent No.3 and the date of birth of the petitioner has been shown as 22.08.1991 instead of 21.08.1994. She submits that there is bona fide error on the part of the petitioner’s family members who had written wrong birth date while taking admission in the school, however, the school authorities may be directed to correct the same and instead of 22.08.1991, the date of birth of the petitioner be corrected as “21.08.1991”. In support of her case, she has relied on the Birth Certificate as well as affidavit of the father of the petitioner dated 4.8.2022.

Mr. Ayaan Patel, learned AGP for the respondent No.1 – State as well as Mr. Meet A. Shah, learned advocate for Mr. A.D.Oza, learned advocate for the respondent No.5 conceded to the fact that the birth date of the petitioner in the School Laving Certificate may be wrongly mentioned as 22.08.1991 and they have no objection, if considering the Certificate of Birth and affidavit of the father of the petitioner dated 4.8.2022, petitioner’s date of birth is corrected as “21.08.1991” instead of 22. 08.1991.

Heard the learned counsel for the parties and perused the documents on record.

The Birth Certificate as produced by the petitioner is a statutory certificate issued by the State Government and has a very high evidentiary value. The date of birth as given in the Birth Certificate has been recorded as per the statutory provisions under the Registration of Births and Deaths Act, 1969. Once the error, as has crept in, is accepted by the respondent-School, the same is required to be corrected, more so, when there is no dispute with respect to the Birth Certificate produced by the petitioner. In support of date of birth of the petitioner, the father of the petitioner has also filed an affidavit dated 4.8.2022 declaring therein that petitioner’s date of birth is “21.08.1991” and 22.08.1991 is by mistake written in the School Leaving Certificate.

In view of the submissions made and for the above mentioned reasons, the writ petition is allowed. Rule is made absolute to the aforesaid extent. The respondent school authorities are directed to correct the date of birth of the petitioner in the School Leaving Certificate as “21.08.1991” instead of 22.08.1991 and issue afresh School Leaving Certificate accordingly.

Present petition is allowed in terms of prayer clause 6(B) and accordingly stands disposed of. Rule is made absolute to aforesaid extent. There shall be no order as to costs.