1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4942 of 08 Shri Saurabh v. State and anr ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.H. Laddhad, Adv for petitioner. Mr Anand Parchure, Adv for respdt no.2. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 17th March 2009 1. Heard Mr A.H. Laddhad, learned counsel for petitioner and Mr Anand Parchure, learned counsel for respondent no.2. This writ petition is directed against the communication dated 12.9.2008 issued by respondent no.2 Divisional Secretary to the Principal of the School (respondent no.3), whereby it is informed that the application submitted by the petitioner for correction of date of birth in original certificate of SSC cannot be entertained since it is beyond the period of three years from the date of declaration of result of SSC. 2. Learned counsel for the petitioner has submitted that 2 the petitioner is not seeking correction in the date of birth mentioned in the School Register. It is contended that the date of birth of the petitioner is correctly mentioned in the School Register i.e. 22.5.1987, however, the Board while issuing SSC Certificate committed typographical mistake in this regard and mentioned the date of birth of petitioner as 22.5.1985 and, therefore, the petitioner has submitted application only to correct the clerical/typographical mistake committed by the Board and for correction of date of birth. It is, therefore, prayed that appropriate direction may be given to the respondent Board. 3. Mr Parchure, learned counsel for the respondent no.2 Board submitted that application of the petitioner was not entertained since it was barred by limitation in view of Regulation 59 of the MS Board of Secondary and Higher Secondary Education Regulations. 4. Considered the contentions on the backdrop of the above-referred facts. It appears that the Board while issuing SSC certificate committed typing mistake while mentioning the date of birth of the petitioner and, therefore, petitioner submitted application for correcting the date. In our view, in the interest of justice, it will be appropriate to dispose of the petition by issuing following direction. 5. We dispose of the petition with direction to respondent no. 2 Board to entertain application of the petitioner for 3 correcting the typographical mistake and carry out appropriate correction on the basis of entry in respect of date of birth of petitioner mentioned in the register maintained by the school in this regard. Petitioner to return original SSC Certificate issued by the Board. Needless to mention that the present direction is issued in view of peculiar facts of the present writ petition and is restricted to present writ petition only. Judge. Judge. hsj