1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6257 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 6257 OF 2010 *** 1. Heard Advocate Mr. Shinde for Petitioner, Advocate Mr. Thombre for Respondent No.3 and learned A.G.P. for Respondent Nos.1 and 2. 2. The question is about finding reached on birth date. Whether third child by name Pralhad is born to petitioner prior to 13th September, 2001 (notified date) or then on 6th July, 2002 as contended by present Respondent No.3. The Respondent No.3 placed reliance upon certificate issued by Chief Officer, Municipal Council, Paithan under section 12/ 17 of Births and Deaths Registration Act, 1965 and substantiated his case. The first Authority viz. Collector did not accept that document as according to Collector the birth was registered as Dr. Patil of Paithan issued a certificate to that effect on 10th June, 2009. Commissioner, in 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6257 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. appeal, found this view unsustainable. He considered other documents and then accepted the document and, therefore, disqualified petitioner. 3. Shri Shinde has raised various contentions. According to him, petitioner has procured subsequent documents viz. certificates issued by Chief Officer which show that no such birth was recorded. He further points out that the school record is in favour of petitioner and as per that record son Pralhad is born on 26th November, 2000. In the alternative and without prejudice a certificate issued by Anganwadi on 4th April, 2009 is also pressed into service to show that Pralhad is born on 28th June, 2001. 4. Shri Thombre and learned A.G.P. support the impugned order and point out various inconsistencies in the story of petitioner. 5. The record shows that petitioner 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6257 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. admittedly had two daughters viz. Kum. Sonali born on 14th December, 1996 and Kum. Meena born on 7th July, 1999. Sonali is admitted in school on 5th July, 2002 when she was about to complete 6 years of age. Similarly, Meena is admitted in school on 27th June, 2005 i.e. when she was about to complete age of 6 years. School leaving certificate in relation of Pralhad shows that he was admitted on 24th June, 2008 i.e. about 5 months before he completed the age of 8 years as per date of birth recorded therein. 5. There is no birth record with Gram Panchayat Office at Wadwali where petitioner resides and petitioner has not produced any other record from any other local authority to show birth dates of her daughters or Pralhad. The petitioner herself is placing on record two dates of birth of Pralhad. 6. Certificate issued by Dr. Gobre Patil Hospital, Paithan on 10th June, 2009 shows 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6257 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. that a male boy was born to Petitioner on 6th July, 2002 in that hospital. It is stated to be a third child. The certificate issued by Municipal Council and mentioned supra is dated 11th June, 2009 but then entry of birth is taken on 15th July, 2002 and date of birth is recorded as 6th July, 2002. Thus, this is contemporaneous record prepared in accordance with provisions of law obviously after intimation by hospital. 7. The Commissioner has applied his mind properly and has found that third child Pralhad is born after notified date i.e. 13th September, 2001. I do not see any jurisdictional error or perversity. Petition is, therefore, rejected. No cosots. [B.P.DHARMADHIKARI, J.] Dated:23/02/2011. ans/6257