1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 7638 OF 2008 IN CIVIL APPLICATION NO. 1434 OF 2009 Ramkrishna s/o. Sundarrao Solunke, age 56 years, occ. service, R/o. "Ajinkya", Near Wargantwar Hospital, New Osmanpura, Aurangabad. - - - - - Petitioner versus 1. The State of Maharashtra through Joint Director, Higher Education, Aurangabad Division, Aurangabad. 2. The Registrar, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. - - - - - Respondents Shri Sachin S. Deshmukh, Advocate for petitioner. Shri N. B. Patil, Asstt. Govt. Pleader for Respondent No.1. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 31st July 2009 PER COURT : 1. By way of present petition, the petitioner is seeking writ of 2 mandamus directing respondent No.1 to correct date of birth as 2-8-1954. 2. It is the case of the petitioner that his date of birth was incorrectly entered as 20-12-1052 and when he noticed that it was incorrectly mentioned, he requested S.S.C. authorities to make necessary corrections. The same was done. It is further submitted that accordingly, Education Officer has also made corrections. However, Joint Director (Higher Education), Aurangabad Division, Aurangabad has refused to effect the corrections. 3. Shri Deshmukh, learned Counsel for the petitioner, submits that once the Education Officer has corrected the entry after finding the record to be genuine, the Joint Director also ought to have made necessary corrections. He submits that by not doing so, Joint Director has erred in law. 4. It is settled law that the correction with regard to change in the date of birth has to be made within time prescribed under the relevant service conditions. It has also been settled position of law that even the relevant service conditions do not provide for outer limit for making application for change in the entry with regard to 3 date of birth, same has to be done within a reasonable period. The said reasonable period has been considered to be 5 years period. 5. In the present case, though petitioner is possessing higher qualification, he has applied for corrections in date of birth after a period of 35 years. We do not find any merit in the petition. Petition is rejected. 6. In view of the dismissal of the petition, nothing survives in the Civil Application and the same is disposed of. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp763808