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SCA/27368/2006 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 27368 of 2006
=========================================================
DARSHANABEN
PRAVINBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MURALI N DEVNANI for
Petitioner(s) : 1,
MS NISHA PARIKH AGP for Respondent(s) : 1,2
MR
SHIRISH JOSHI for Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/03/2007
ORAL
ORDER
1.
By way of this petition the petitioner has prayed to direct the
respondents to consider the case of the petitioner for issuance of
new School Leaving Certificate in favour of the petitioner showing
correct date of birth as 05.11.1984.
2. The short facts of this case are as under:
2.1 The petitioner was born at Bavla and the certificate of birth is issued by the competent authority under the provisions of the Regulation of Birth and Death Act, 1969 (hereinafter referred to an Act, 1969). Her date of birth was correctly entered as 05.11.1984.
2.2 The petitioner having passed 12th Std. from the respondent No. 3 school, was issued school Leaving certificate. However, in the certificate date of birth is mentioned as 27.07.1985, which is incorrect.
3. Learned advocate for the petitioner submitted that the certificate of birth given by statutory authority at Annexure ?SA?? shows the correct date of birth as 05.11.1984.
4. It
is also submitted by the learned advocate for the petitioner that
either through mistake or though oversight, the respondent No.3
School has mentioned the date of birth as 27.07.1985 in the School
Leaving Certificate.
5. Thus,
there is a mistake in School Leaving Certificate issued by the
respondent No.3 School and therefore, they can rectify the mistake on
the basis of the document at Annexure ‘A’.
6. Learned
advocate appearing for respondents authority who has issued
Certificate submitted that the respondent school has no powers to do
so and necessary orders are required from the Court to make the
necessary correction.
7. Learned
Asstt. Government Pleader Ms Nisha Parikh appearing for the
respondents No.1 and 2 has no much objection, if the aforesaid
direction is given on the basis of the Birth Certificate at Annexure
?SA?? to the petition.
8. 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 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 ?SA?? reveal the date of birth
of the petitioner as 05.11.1984. 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 ?SA?? ought
to have been reflected in Certificate at Annexure ?SD?? issued by
the respondent school. 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 modus 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
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 ?SA?? 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 cannot be corrected. Rule made absolute to
the aforesaid extent with no order as to costs. Direct service is
permitted.
(D.N.
PATEL, J.)
omkar
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