wp7879.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 7879 OF 2010 Prakash s/o Arun Patil age 26 years, occ. nil r/o Plot no. 18, D.D. Nagar Part 2 Parola, Tq. Parola, Dist. Jalgaon .. PETITIONER VERSUS 1 The State of Maharashtra through the Secretary Education Department Mantralaya, Mumbai 32. 2 The Head Master N.E.S. High School, Parola Dist. Jalgaon. 3 The Education Officer (Secondary) Zilla Parishad, Jalgaon Dist. Jalgaon. 4 The Divisional Secretary Secondary School Certificate Examination Board, Nashik, Tq. & Dist. Nashik. 5 The Union of India through The Regional Director Staff Selection Commission 1 st Floor South Wing, Pratishtha Bhavan Old C.G.O. Building 101, M.K. Road, Mumbai. .. RESPONDENTS Mr. A.K. Tiwari, advocate for the petitioner. Mr. S.K. Tambe, AGP for the State. Mr. S.S. Patil, advocate for respondent no. 2. wp7879.10 2 Mr. S.G. Sangle, advocate for respondent no. 4. ===== CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 20 th DECEMBER, 2010 ORAL JUDGMENT : ( PER R.M. BORDE, J.) 1 Heard. 2 Rule. Rule made returnable forthwith. By consent of the parties, the petition is taken up for final disposal at admission stage. 3 Petitioner herein is seeking directions against respondent no. 4 – The Divisional Secretary, Secondary School Certificate Examination Board, in respect of effecting corrections in respect of date of birth of the petitioner in secondary school certificate issued in the year 2001. 4 According to the petitioner, his date of birth is 3-4-1984, however, it has been incorrectly recorded in the certificate as 5-4-1984. Petitioner tendered an application to respondent no. 4 through the office of respondent no. 3, with a request to effect necessary corrections in the certificate. However, it is the grievance made by the petitioner that respondent no. 3 – Education Officer refused to forward to the application made by the petitioner. It is not wp7879.10 3 disputed that the school record of the petitioner mentions the date of birth as 3-4-1984 and recording of date of birth in the secondary school certificate as 5-4-1984 appears to be inadvertent mistake. 5 In the facts and circumstances of the case, therefore, respondent no. 3 shall have to be directed to forward the application tendered by the petitioner with necessary recommendations to respondent no. 4 for effecting corrections in the date of birth. Respondent no. 3 is therefore directed to forward the application tendered by the petitioner to respondent no. 4 within a period of three weeks from today with favourable recommendations for effecting corrections in the date of birth of the petitioner as requested by him. Respondent no.4 on receipt of the proposal from respondent no.3 shall carry out necessary corrections and issue the certificate denoting correct date of birth, within three weeks thereafter. With these directions, rule is made absolute. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb