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SCA/2624/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2624 of 2008
=========================================================
PATEL
ASMA M SIRAZ - Petitioner(s)
Versus
THE
STATE OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
MATAFER R PANDE for Petitioner(s) : 1,
MR
NEERAJ SONI AGP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/09/2008
ORAL
ORDER
This
petition under Article 226 of the Constitution of India is filed by
the petitioner with the following prayer :-
?S(A) to
issue a writ of mandamus or any other writ, order or directions,
directing the respondents and more particularly Respondent No.4 to
issue the School Leaving Certificate by stating the correct Date of
Birth from 25/12/1987 to 25/12/1986??.
Learned
counsel for the petitioner submits that when the school authority
refused to correct the date of birth in school leaving certificate
the only remedy is to issue appropriate direction under Article 226
of the Constitution of India.
The
submission of the learned counsel for the petitioner cannot be
accepted in view of regulation 12(6) of the Gujarat Secondary
Education Regulations, 1974, which reads as under :-
?S12(6) In
the case of a student leaving the school forever, no change in the
entries of the school register shall be made thereafter. Of course,
ultimately the only way is to present the required proof in support
of true birth-date to the satisfaction of any first class Magistrate,
and to obtain from him a certificate, which for all purposes, is
accepted as admissible proof of true birth-date??.
In
view of the above, when the student has left the school for ever,
change in the entries of the school register can be made by the
Judicial Magistrate First Class after producing necessary proof in
support of date of birth.
Thus,
remedy under law is available to the petitioner and without
exhausting the same, the petitioner has straightaway filed the
petition under Article 226 of the Constitution of India.
Accordingly, this Special Civil Application fails and is hereby
dismissed.
(ANANT S. DAVE, J.)
*pvv
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