[Cites 3, Cited by 0]
Gujarat High Court
Labana Chirag Rajeshbhai vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
C/SCA/15398/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15398 of 2025
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LABANA CHIRAG RAJESHBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 01/12/2025
ORAL ORDER
1. By the present writ petition, the petitioner prays for appropriate
writ or direction to direct the respondent authorities to correct the date of
birth of the petitioner in the School Leaving Certificate in accordance
with the birth certificate issued by the competent authority under the
provisions of the Registration of Births and Deaths Act, 1969 (for short
"the Act").
2. It is submitted by learned counsel Mr.Prateek S. Bhatia for the
petitioner that the petitioner was born on 02.11.2007 at Modasa, District
Aravalli and the said date of birth is duly registered under the Act. He
submits that at the time of taking school admission, inadvertently and by
mistake the date of birth of the petitioner is erroneously entered and
recorded as 30.08.2007. He submits that after completing his education,
the petitioner was issued School Leaving Certificate bearing SLC
No.1158 dated 11.05.2024, wherein the date of birth of the petitioner is
wrongly mentioned as 30.08.2007 instead of 02.11.2007. He further
submits that the date of birth 02.11.2007 is reflected in all the other
official record and valid documents issued by the Government Authorities
like Aadhar Card etc. That upon coming to know the discrepancy, the
petitioner has given an application to the District Education Officer
NEUTRAL CITATION
C/SCA/15398/2025 ORDER DATED: 01/12/2025
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(DEO) for correction in the date of birth as mentioned in the School
Leaving Certificate, however no action has been taken till date and the
same is pending. He, therefore, submits that the present writ petition be
allowed. In support of his contentions, he has relied upon the judgment of
this Court in the case of Sejalben Mukundbhai Patel W/o Khodabhai
Joitaram Patel vs. State of Gujarat, reported in 2019 (0) AIJEL-HC
240227.
3. Learned AGP Ms.Tanushree Shrimal submits that appropriate
orders be passed in the present case.
4. Heard learned counsel for the parties. Perused the documents and
considered the submissions.
5. The Coordinate Bench of this Court in the case of Nitaben
Nareshbhai Patel vs. State of Gujarat, reported in 2008 (10) GLH 556
has observed in paragraph nos.6.6 and 6.7 as under:-
"6.6 In view of above position of law, it cannot be said that when the
petitioner has made an application for correction of entry in the date
of birth etc. which was recorded at the relevant time, merely because
the date of birth sought to be corrected is later in point of time by three
months than the originally recorded, the authority cannot exercise
powers under Section 15 of the Act read with Rule 11 as above. It has
to consider whether the entry in the birth date is correct or can be
cancelled and denied after making inquiry and after going through
relevant material which may be produced by the petitioner or which
the competent authority may call for satisfying itself. It is entirely not
germane to say that there was a gap of three months between old birth
date and new birth date so as to refuse to exercise power on that count.
6.7 In view of above, the competent authority respondent No.2 herein
has to exercise his powers so as to consider the merits of the request of
the petitioner for correction of date of birth as well as corrections in
the name of mother and the name of grandfather. The respondent No.2
has got powers for correction in relation to the entries and the name
also and such correction or cancellation also comes within the purview
NEUTRAL CITATION
C/SCA/15398/2025 ORDER DATED: 01/12/2025
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of the powers under Section 15 of the Act. In the facts and
circumstances of the case, necessary directions are required to be
issued to respondent No.2 authority to consider and decide the case of
the petitioner again by giving due regard to the material which may be
produced by the petitioner."
6. In the present case, the petitioner is seeking correction in the date
of birth in the School Leaving Certificate on the basis of the birth
certificate issued by the competent authority i.e. the Registrar, Birth and
Death Department, Modasa Nagarpalika. The birth certificate is issued
under the statutory provisions of the Act. The date of birth i.e. 02.11.2007
is also reflected in various other official documents like Aadhar Card etc.
The discrepancy in the date of birth as recorded in the birth certificate and
in the School Leaving Certificate can create serious impediments for the
petitioner. The petitioner is a student, who is undertaking higher
education and therefore, it is necessary that correct date of birth is
reflected in the School Leaving Certificate.
7. Considering the settled principles of law and in the facts of the
present case, respondent no.2 is directed to decide the representation of
the petitioner for correction of the date of birth in the School Leaving
Certificate dated 11.05.2024 bearing SLC No.1158 after taking into
consideration all the relevant documents, which have been produced by
the petitioner in support of the correct date of birth. The said
representation shall be adjudicated and decided within a period of 4
weeks from the date of receipt of this order.
8. Accordingly, the present petition stands disposed of. No order as to
costs.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
ABHISHEK/40
