1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1740 OF 2009 Priyanka D/o Baburao Sontakke ... Petitioner. Versus The Education Officer (Primary) Zilla Parishad, Hingoli & Ors. ... Respondents. -------- Shri. A.S. Shelke, Advocate for the petitioner. Shri. S.R. Yadav, Advocate for respondent No.1. Shri. A.R. Nikam,Advocate for respondent No.3. Shri. S.B. Kakde, Advocate for respondent No.4. Shri. K.C. Sant, Advocate for respondent No.5. Shri. T.G. Gaikwad, Advocate for respondent No.6. Shri. V.H. Dighe, Assistant Government Pleader, for the State. -------- CORAM: NARESH H PATIL & K.U. CHANDIWAL,JJ. DATE: 8th DECEMBER 2009 PER COURT : 1) Heard. 2) The petitioner seeks directions to the authorities to effect change in date of birth. According to the petitioner, her date of birth is 14-3-1991 but in the school record it was 2 mentioned as 14-3-1992. The petitioner passed 12th Standard examination and has been admitted to First Year BAMS course. The petitioner filed an application to the Education Officer (Primary) Zilla Parishad Hingoli for effecting change in date of birth. By a communication dated 9-3-2009 the Education Officer (Primary) Zilla Parishad Hingoli has informed the Head Master of the concerned school that as the petitioner had left the school no change in the date of birth could be effected. 3) The learned counsel Shri. A.S. Shelke appearing for the petitioner places reliance on rule 26.4 of the Secondary School Code. It is submitted that the Sarpanch of Village Panchayat Bhendegaon, Taluka Basmat had issued a certificate of birth dated 13-1-2009 in favour of the petitioner mentioning therein that the petitioner was born on 19-3-1991. 3 4) Notice was issued to the Gram Panchayat through Gram Sevak. Learned counsel appearing for respondent no.6 states that the earlier Gram Sevak did not hand over the record of the births and deaths therefore respondent No.6 is not in a position to make any statement as to on what basis the then Sarpanch had issued the certificate of date of birth in favour of the petitioner. 5) The learned counsel Shri. K.C. Sant appearing for the respondent No.5 - University submitted that a communication was already made on 17th March 2009 to the petitioner stating therein that as the petitioner's age is below 17 years her admission could be cancelled. At this stage the petitioner approached this Court. By order dated 25th March 2009 this Court granted ad interim relief in terms of prayer clause (D) which read thus : 4 “(D) Pending hearing and final disposal of the writ petition, the respondent No.4 and 5 be restrained from taking any adverse action against the petitioner on the basis of letter dated 07/03/2009 (Exh.”F”) and order dated 09/03/2009 (Exh.”I”).” 6) On the basis of the ad-interim relief the petitioner is pursuing her studies. 7) Prima facie we find that the issues are required to be settled at the earliest as the career of the student is at stake. The Education Officer (Primary) is entitled to consider the evidence submitted by the petitioner minutely and strictly in accordance with law and in case the officer is satisfied may take recourse to the provisions of Rule 26.4 and the Appendix Six appended thereto of the Secondary School Code and pass necessary orders even if the pupil has left the school. 8) In the present case the earlier Gram Sevak did not hand over the record to the Gram 5 Panchayat regarding the births and deaths of the residents of the village. We do not wish to address that issue. In the facts of the case we direct the Chief Executive Officer, Zilla Parishad Hingoli to appoint an officer to inquire into the matter and in case the record of births and deaths of the village was found missing appropriate suitable strict action is required to be taken against the persons responsible for the same. This exercise shall be completed within 8 weeks from today. 9) We, therefore, direct the respondent No. 1 - Education Officer (Primary) Zilla Parishad, Hingoli to pass appropriate orders in view of the observations made by us, as above, after hearing the petitioner and communicate the same to the petitioner within eight weeks from the date of receipt of this order. For a period of 3 moths from today the admission of the petitioner in Ayurved Mahavidyalaya, Kanchanwadi, Aurangabad would be protected. The University shall take 6 note of this. The petitioner is not entitled to claim any equity on the basis of the interim order granted by this Court. 10) The writ petition is disposed of. The learned Assistant Government Pleader to communicate the order to the Chief Executive Officer, Zilla Parishad Hingoli. Authenticated copy be provided to the Assistant Government Pleader. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ wp.1740.09