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SCA/13860/2009 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13860 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
MADHUBEN
W/O RAMESHBHAI PATEL & D/O BHAILALBHAI SHANABHAI - Petitioner(s)
Versus
DISTRICT
EDUCATION OFFICER & 1 - Respondent(s)
=========================================================
Appearance :
MR
DM DEVNANI for
Petitioner(s) : 1,
MR JK SHAH for Respondent(s) : 1.
RULE
NOT RECD. BACK for Respondent :
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/01/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed to direct the respondents to make necessary
correction in the date of birth of the petitioner as entered in the
School Leaving Certificate and to issue a fresh School Leaving
Certificate with the correct date of birth.
2. The
facts in brief are that the petitioner was born on 11.10.1966 at
Village Sarsa, Taluka and District Anand and her date of birth was
entered as such in the Birth Certificate maintained under the
provisions of the Registration of Births & Deaths Act, 1969.
However, while taking admission in the school, her date of birth was
wrongly entered as 12.10.1966 and accordingly, in the School Leaving
Certificate, her date of birth has been entered as 12.10.1966 instead
of 11.10.1966. When the petitioner applied for Visa, the said fact
came to her notice and therefore, she approached the
respondent-authority by way of a representation with a request to
rectify the said error. However, the respondent-authority declined to
carry out the correction. Hence, this petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record. Regulation 12-A of the Gujarat Secondary Education
Regulations provide that the school record cannot be corrected
after the pupil leaves the school and that in such case, the only
remedy available is to approach the learned Magistrate, First Class,
having jurisdiction in the matter, for redressal of the grievance, as
provided under Section 13(3) of the Registration of Births &
Deaths Act.
4. Such
principle has also been laid down in a recent decision of this Court
rendered in the case of Regional Passport Officer v. Kokilaben,
w/o. Jaswantlal Panchal & Ors., 2009(2) G.L.H. 1246.
5. Therefore,
in the present case also, the appropriate remedy available to the
petitioner is to approach the concerned Magistrate, First Class or
the Civil Court, as the case may be, by way of appropriate
application. It is observed that if the petitioner approaches the
concerned Magistrate, First Class or the Civil Court, as the case may
be, having jurisdiction in the matter, by way of appropriate
application, within a period of four weeks from today, the concerned
learned Magistrate, First Class or the Civil Court, shall decide the
said application of the petitioner, in accordance with law, within a
period of eight weeks from the date of receipt of such application
from the petitioner. With the above observations, the petition stands
disposed of. Rule is made absolute to the above extent with no order
as to costs.
[K.S.JHAVERI,
J.]
Pravin/*
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