: 1 : wp.4669.2011.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4669 OF 2011 Bhagwan Rangnath Mali ... Petitioner V/s. Shri Hemant Popatrao Patil & Ors. ... Respondents Mr.Prafulla B. Shah for the Petitioner Mr.R.M. Patne, AGP, for the Respondent No.2 CORAM: S.C.DHARMADHIKARI, J. DATE: JULY 1, 2011. P.C.: 1. Heard Mr.Shah appearing for the petitioner. Perused the concurrent orders disqualifying the petitioner on the ground that a fourth child was born after the cut-off date and, therefore, by virtue of section 14(1)(j)(1) the petitioner is disqualified. 2. The only argument is that in this case the certificate from the Gram Panchayat shows that the child was either born on 30.5.2001 or some time in the month of June 2001 but the authorities have erroneously concluded that the child was born on 1.11.2001. It is submitted by Mr.Shah that reliance was placed on the school register but it is settled law that entries made in the birth and death register would prevail over those in the school records. In such circumstances, both orders are vitiated by errors apparent on the face of the record which deserve to be set aside. : 2 : wp.4669.2011.sxw 3. It is not possible to accept this contention. Reliance is placed on the certificate of the Gram Panchayat in the State of Gujarat but it shows that the said certificate is issued on 25.5.2011. By that time, the proceedings before both authorities had concluded. The same does not corroborate the version that the child was born on 30.4.2001. Secondly, what has been given to the pregnant lady is a card which only demonstrates that she was examined by the concerned Doctor at the primary health centre. That was the health card issued during the course of her pregnancy. That could hardly be said to be a proof of death of birth of the child. Instead, the school record was produced and the Zilla Parishad primary school Headmaster appearing before the Collector gave a statement that the entries in the school register have been made on the basis of the information provided by the parents. From the time it has been entered in the register at no stage the parents had come forward to dispute the said entry or the correctness of the date recorded in the register. Therefore there was nothing erroneous on the part of the authorities in relying upon the school register entries which are proved by the headmaster so also they being based on the information given by the parents themselves. For all these reasons, the impugned orders cannot be termed perverse or vitiated by any error apparent on the face of the record. 4. The Writ Petition is devoid of any merit and, therefore, dismissed. No costs. (S.C.DHARMADHIKARI, J.)