JUDGMENT
Jayant Patel, J.
1. The short facts of the case are that the petitioner, who was studying in T.Y. B.Sc., was desirous to join Indian Air Force. As per the petitioner, his correct birth date is 10.12.1968, but in the school record, it was wrongly declared as 28.11.1967 and, therefore, in the SSC Certificate, the birth date mentioned was 28.11.1967. As per the petitioner, he applied for the correction of the birth date, but no action was taken and in the meantime, the petitioner apprehended that based on the discrepancy in the birth date as that of 10.12.1968 and the SSC Certificate showing 28.11.1967, his candidature may be rejected and, therefore, he preferred the present petition for appropriate directions to the respondents to issue new SSC Certificate or to modify SSC Certificate by changing the birth date from 28.11.1967 to 10.12.1968.
2. When this Court considered the matter at the admission stage on 29.11.1989, the Division Bench of this Court had passed the order as under:
Ad-interim relief limited to the extent that respondents No. 4 and 5, without prejudice to their rights and contentions, will accept the application form of the petitioner and shall not reject it only in the light of the birth-date mentioned therein till further orders. S.O. to 7.12.1989. Direct service.
3. Thereafter, on 8.12.1989, the Division Bench, after hearing both the sides, admitted the petition and continued the interim order till final disposal.
4. It is an admitted position that on the date when the petition was filed the petitioner had already left the school and, therefore, it was a case of correction in the birth date after issuance of the SSC Certificate and after having left the school. Such case, in my view, is covered by the decision of the Division Bench of this Court (Coram: J.M. Panchal and A.M. Kapadia, J.J.) dated 11.8.2003 in LPA No. 699 of 2003, wherein the Division Bench, after considering the submission, inter alia, has observed at para 4 as under:
4. We have considered the submissions advanced at the Bar and the documents forming part of the petition. We have also heard Mr. M.R. Mengde, learned Assistant Government Pleader appearing for the respondents. From the record of the case, it is evident that the son of appellant has left Secondary School after passing examination of Standard 10. Therefore, in view of Regulation 12-A Gujarat Secondary Education Regulations, 1974, school record could not have been corrected after the son of appellant had left the school. The only remedy of the appellant was to approach learned Magistrate, First Class, having jurisdiction in the matter for redressal of his grievance as provided under Section 13(3) of the Act. Therefore, the learned Single Judge was justified in concluding that the appellant has alternative remedy and that it was not necessary to entertain the petition filed under Article 226 of the Constitution.
5. More or less, similar fact situation arises in the present case inasmuch as the petitioner has left the school and in view of the Regulation 12-A of the Gujarat Secondary Education Regulations, 1974, the school record cannot be corrected. The Regulation also provides that for correction of birth date after having left the school evidence is to be led before the Judicial Magistrate First Class and appropriate certificate is to be obtained from him. Such will be the situation even in the case of the present petitioner inasmuch as, if the petitioner is desirous to have the correction of birth date in the SSC Certificate from 28.11.1967 to 10.12.1968, it will be required for the petitioner to submit an application to the concerned Judicial Magistrate First Class as per Section 13(3) of the Registration of Birth and Death Act, 1969 and thereafter if the order is made by the concerned learned Magistrate, the same would be binding to all concerned and such order of the learned Judicial Magistrate would operate over the SSC Certificate issued by the Board and thereafter no correction may be required. It is an admitted position that the petitioner has not resorted to such proceedings.
6. It has not come on record as to whether pursuant to the interim order passed by this Court whether the candidature of the petitioner is accepted or not. If the petitioner’s candidature is accepted pursuant to the interim order passed by this Court, respondents No. 4 and 5 shall give a reasonable time of about three months to the petitioner to resort to the remedy provided under Section 13(3) of the above referred Act for moving to the learned Magistrate for correction of the birth date. If the candidature of the petitioner is accepted irrespective or the birth date mentioned in the SSC Certificate, such a course may not be required to be undertaken, unless the petitioner is desirous to resort to such remedy for correction of birth date.
7. Hence, in view of the above, the petition is disposed of in terms of the aforesaid observations and directions. Rule partly made absolutely accordingly. No order as to costs.