1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2593 OF 2010 Abhijit s/o Nagnath Kanmande, Age : 19 years, Occupation : Student, R/o "Baswa Niwas", Nideban Road, Udgir, Taluka Udgir, District Latur ..PETITIONER VERSUS 1. The State of Maharashtra, Through the Principal Secretary, School Education Department, Mantralaya, Mumbai - 400 032 2. The Divisional Secretary, Maharashtra State Board of Secondary & Higher Secondary Education, Pune, Latur Division, Latur 3. The Education Officer (Primary), Zilla Parishad, Latur 4. The Education Officer (Secondary), Zilla Parishad, Latur 5. The Head Master, Lal Bahadur Shastri Primary School, Near Shivaji Mahavidyalaya, Nai Abadi, Udgir, Taluka Udgir, District Latur 6. The Head Master, Lal Bahadur Shastri Secondary School, Degloor Road, Udgir, Taluka Udgir, District Latur 2 7. The Principal, Maharashtra Udaygiri Mahavidyalaya, Udgir - Nanded Road, Udgir, Taluka Udgir, District Latur ..RESPONDENTS Mr S.S. Chillarge, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for respondents no.1 & 4; Mrs A.S. Rasal, Advocate for respondent no.2; Mr V.D. Hon, Advocate for respondent no.3; Mr Vivek Bhavthankar, Advocate for respondents no.5 & 6; Mr V.G. Sakolkar, Advocate for respondent no.7. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 11th August, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ for quashing and setting aside the order dated 17.3.2010 passed by the Education Officer (Secondary), Zilla Parishad, Latur and also prays for issuance of a writ of mandamus directing respondents no.2 to 7 to correct the date of birth of the petitioner as 19.1.1992, instead of 19.1.1993, in the school record and the secondary school 3 certificate of the petitioner. 3. The petitioner had secured admission in the Vishwanathrao Chalwa primary School, Udgir. The date of birth in the admission register came to be correctly recorded as 19.1.1992. Thereafter the petitioner obtained the transfer certificate and accordingly the transfer certificate came to be issued, dated 10.6.2000 in which also the date of birth of the petitioner was correctly recorded as 19.1.1992. The petitioner thereafter sought admission in the Lal Bahadur Shastri Primary School at Udgir and in the admission register the date of birth of the petitioner also came to be correctly recorded as 19.1.1992. However, while obtaining the transfer certificate from the said school, instead of recording his date of birth as 19.1.1992, the date of birth of the petitioner came to be recorded as 19.1.1993. Unfortunately this mistake came to be repeated and as a result of which subsequently the date of birth of the petitioner has been recorded as 19.1.1993. 4. The petitioner submitted an application to the respondent on 10.3.2010 seeking the necessary correction. However, the Education Officer rejected the said application on the ground that he had ceased to have any jurisdiction as the petitioner was not studying in the secondary school. According to us, the aforesaid 4 stand of the respondent - Education Officer is wholly unjustifiable. For no fault of the petitioner a wrong date of birth came to be recorded and the respondent - Education Officer cannot just shirk his responsibility in carrying out the necessary corrections as the petitioner would otherwise stand to be prejudicially affected if the wrong date of birth is carried forward in the record. 5. We accordingly allow this petition and quash and set aside the impugned order and direct the Education Officer to make the necessary corrections in the record. Writ Petition is accordingly allowed in terms of prayer clause (B) and (C) to the petition and Rule is made absolute on the said terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp2593.10