1 WP-2651-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2651 OF 2011 Mrs. Smita Madhukar Patil ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Mr.Sachin Punde for petitioner. Mr.C.R.Sonawane, AGP for resp.nos.1 to 4. Mr.Mandar Limaye for resp.no.7. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. November 29, 2011. P.C. 1. We have heard Mr.Punde, the learned counsel for the petitioner. The petitioner retired from service as an Assistant Teacher on 31st March 2011. Prior to her retirement she had submitted an application on 19/11/2010 to the Head Master for correction of her date of birth in the Service Book. When she joined the service on 15/9/1994 the date of birth 2 WP-2651-2011 recorded in the Service Book was 15/3/1953. She claimed that Roha Municipal Council had issued a birth certificate which stated that her date of birth was 8/4/1955 and, therefore, on the basis of the said birth certificate she sought the correction in the Service Book regarding the date of birth. The petitioner also claimed that the very first application for correcting the date of birth was made in time i.e. on 24/2/1998 but she waited for reply for more than twelve years and finally a fresh application was submitted on 19/11/2010. Her application was forwarded by the Education Officer (Secondary), Zilla Parisahd, Alibaug to the Deputy Director of Education, Mumbai who in turn forwarded the said proposal to the State Government vide his letter dated 3/2/2011. The Director of Education by his letter dated 24/2/2011 rejected the petitioner’s claim and the same was intimated to her by the Deputy Director of Education, Mumbai vide his letter dated 18th March 2011. The Director of Education held that the change sought in the date of birth was not within a period of five years from the date of joining and the application was submitted belatedly. 2. Though we are not impressed by the reasons set out in the impugned order while rejecting the petitioner’s case for correction in her 3 WP-2651-2011 date of birth, we have gone through the record submitted by the petitioner herself. K.K. Kanya Vidyalaya, Panvel where the petitioner was admitted on 6/7/1974 has issued the school leaving certificate in her favour and the date of birth recorded in the register of the said school was 15/3/1953. Roha Municipal Council issued the birth register extract and the same indicated that a girl child was born to Motiram Gangaram Lonushte on 8/4/1955. The said certificate is the sole basis for the application to correct the date of birth and it appears to have been issued on 4/2/1983. There is no dispute that the petitioner passed her SSC examination in April 1977. She passed her CTC examination in April 1993. In her Board examination (SSC) her date of birth has been recorded as 15/3/1953. After passing SSC in April 1977 and till she passed the CTC examination in April 1993, at no point of time the petitioner, on the basis of the birth register extract issued by the Roha Municial Council, ever approached the SSC Board or the school concerned for correction of her date of birth. 21 years after she passed her SSC examination she made an application on 24/2/1998 for correction of date of birth which, in our opinion, is highly belated and may be by way of an afterthought. 3. We are, therefore, satisfied that the petitioner did not make out any 4 WP-2651-2011 case to carry out the correction in her date of birth as recorded in the Service Book as well as in the school record. Hence the petition is rejected. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)