1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3024 OF 2011 (Wasim Akram Abdul Hakim vs. Maharashtra State Board of Secondary & Higher Secondary Edu. & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JULY 19, 2011. Heard Shri Gangane, learned counsel for the petitioner and Shri Patil, learned counsel for the respondents. The question is whether date of birth recorded in Board Certificate in SSC as 06.07.1988 can be corrected as 15.07.1988. According to Shri Gangane, learned counsel, in all earlier School leaving certificates prior to his matriculation, date has been recorded as 15.07.1988 and inadvertently Board recorded his birth date as 06.07.1988. He is relying upon the orders of Division Bench of this Court in Writ Petition No. 1770 of 2010 dated 22.04.2010 to urge that said correction can be done. According to learned counsel, here the difference is only of 9 days and error committed by the Board appears to be inadvertent. Shri Patil, learned counsel points out that copies of certificates produced before this Court to support 15.07.1988 as date of birth are all obtained in 2 2010. He states that the petitioner has passed X Standard examination in June 2004 and no document before 2004 is produced before this Court. He is relying upon the judgment of the Hon'ble Apex Court in Civil Appeal No. 10250 of 2003 to urge that the time limit of three years available for such correction and the ceiling imposed thereby on powers of Board is found to be justified by the Hon'ble Apex Court. He further stats that in Writ Petition No. 2303 of 2010, on 22.06.2010, Division Bench of this Court has acted on that verdict of the Hon'ble Apex Court and dismissed the petition. Here, the question is whether 15.07.1988 or then 06.07.1988 is the correct date of birth. Section 9 of Civil Procedure Code permits the petitioner a remedy of filing Civil Suit for appropriate declaration and there all questions can also be gone into. Hence, with that liberty to the petitioner and without going into the merits of the controversy, writ petition is accordingly disposed of. No order as to costs. JUDGE JUDGE *GS.