1 WP-748-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.748 OF 2010 Smt. Kalpana Shantaram Parab ...Petitioner Versus The Education Officer, Z.P., Nashik and ors. ...Respondents Mr.S.M.Sabrad for petitioner. Ms.S.S.Bhende, AGP for resp.nos.1 and 2. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. November 29, 2011. P.C. 1. Heard Mr.Sabrad, the learned counsel for the petitioner who is aggrieved by the decision of respondent nos.1 and 2 declining to correct her date of birth. 2. The petitioner came to be appointed to the post of Librarian with effect from 1/8/1990 with the respondent no.3 – school and in her service 2 WP-748-2010 book her date of birth came to be recorded as 17/1/1961. She claimed that for the first time she noticed that her date of birth was recorded erroneously sometime in June 2006 and, therefore, on 20/6/2006 she made an application to the respondent no.3 for correction of her date of birth. The petitioner claims that her date of birth is 17/1/1965. However, her claim was declined by letter dated 30/1/2009 issued by the respondent no.1. Hence this petition. 3. The petitioner has also relied upon the order passed by this Court on 19/1/2007 in Writ Petition No.6531 of 2006 and she prays that similar directions are required to be issued in this petition as well. 4. Shri Prashant Mahbole, Superintendent, Office of the Education Officer (Secondary), Zilla Parishad, Nashik has filed affidavit in reply. It has been pointed out that the application dated 20/6/2006 made to the respondent no.3 was forwarded to the office of the Education Officer vide letter dated 6/11/2008 and the said proposal was rejected vide letter dated 30/7/2009. The school leaving certificate issued by the respondent no.4 – school where the petitioner studied had recorded her date of birth as 17/1/1961. The office of the Education Officer had also called for the 3 WP-748-2010 school leaving certified issued by the earlier school i.e. Girls’ School No. 2, Manmad where the petitioner was studying and the record indicated that even with the said earlier school the petitioner’s date of birth was recorded as 17/1/1961. The application made by the petitioner on 20/6/2006 for correction of date of birth was solely based on the birth certificate issued by the Manmad Municipal Council. On verification of the record it was noticed by the Education Officer that the Manmad Municipal Council issued the birth certificate on 13/9/2006 and merely on the basis of an affidavit filed by the petitioner. The said affidavit was sworn on 20/1/1986 and thus the birth certificate was issued by the Manmad Municipal Council based on an affidavit which was sworn 20 years before. As per Rule 38(2) of the Maharashtra Civil Services (General Conditions of Services) Rules, 1981 no application for alteration of the entry regarding date of birth as recorded in the service book can be entertained after a period of five years commencing from the date of his / her entry in the service. Undoubtedly, the said Rules are applicable to the petitioner as well, as she is employed as a Librarian in an aided school. The petitioner submitted an application for change of her birth date after 16 years from her initial date of joining and that too on the basis of the birth certificate issued by the Manmad Municipal Council. It was 4 WP-748-2010 necessary for her to apply to the SSC Board and follow the procedure as has been prescribed under the Secondary School Code. 5. We are, therefore, satisfied that the decision of the respondent no.1 in rejecting the application made for recording the correction in the date of birth as per the letter dated 30/1/2009 does not suffer from any infirmities and hence this petition must fail at the threshold. 6. The petition is rejected summarily. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)