1 wp-5493-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5493 OF 2010 Sakshi d/o. Sharad Gaikwad ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. M. S. Karnik for Petitioner. Mrs. M. P. Thakur – AGP for Respondent Nos. 1, 3 and 4. Mr. N. Sakhardande for Respondent No. 5. Ms. Ashma Khan i/b. Mr. Rajshekhar Govilkar for Respondent No. 6. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 09, 2010. P.C. : 1. Heard the learned counsels for the parties. 2. The grievance of the petitioner is in respect of wrong mentioning of date of birth in her school leaving certificate of Secondary School Certification Examination by the Authority. Counsel for the petitioner has 2 wp-5493-10 submitted that the correct date of birth of the petitioner is 21st March 1993, however in the school leaving certificate the date of birth mentioned is 21st January 1994. It is therefore prayed that liberty may be given to the petitioner to make a representation in this regard to the concerned Education Officer within a period of four days from today and further prayed that the direction be given to the Education Officer to take a decision in this regard in accordance with law. 3. We have asked the learned Assistant Government Pleader to clarify as to whether the Education Officer is a Competent Authority to consider the grievance of the petitioner. Learned Assistant Government Pleader has submitted that the Education Officer is a Competent Authority to consider the grievance of the petitioner, however, in case the Education Officer is not a Competent Authority to consider the grievance, the representation of the petitioner shall be forwarded to the authority competent to decide the same forthwith. 4. On the back-drop of the above referred facts, we dispose of the writ petition with liberty to the petitioner as prayed for. If such representation is made to the Education Officer, we expect the Education Officer / Competent Authority to decide the same in accordance with law and 3 wp-5493-10 procedure applicable in this regard within a period of two weeks from the date of communication of this order. 5. Counsel for the petitioner has submitted that the petitioner has already applied for admission to the First Year MBBS Course for this academic session. It is contended that as per the date of birth mentioned in the school leaving certificate the petitioner is under age and therefore will not be considered by the Authorities for grant of admission to the First Year MBBS Course. It is therefore prayed that the respondent no. 5 may be directed to consider the claim of the petitioner for grant of admission to the First Year MBBS Course for this academic session, provisionally, provided the petitioner is otherwise eligible and qualified. 6. Since we have already directed the Competent Authority to decide the representation of the petitioner pertaining to her date of birth, in the interest of justice, we direct the respondent no. 5 to consider the claim of the petitioner provisionally if the petitioner is otherwise eligible and qualified to be considered for grant of admission. The petitioner if admitted to the First Year MBBS Course shall not claim any equity on the basis of such admission. The admission shall be subject to result of the decision of the Education Officer / Competent Authority to be taken on the representation 4 wp-5493-10 of the petitioner. With these observations and directions, writ petition is disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)