(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10982 OF 2010 Pralhad s/o. Manik Tupsaunder, Age : 25 years, Occupation : Education, R/o. Panegaon, Taluka : Ambad, District : Jalna. .. Petitioner. versus 1. The Education Officer (Primary), Zilla Parishad, Jalna. 2. The Education Officer (Secondary), Zilla Parishad, Jalna. 3. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. .. Respondents. ....................... Mr. A.N. Nagargoje, Advocate, for the petitioner. Mr. S.S. Tope, Advocate, for respondent no.1. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.2 and 3. (2) ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 9TH DECEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has filed this petition for a direction to the respondent nos.1 and 2, to correct the petitioner's date of birth as 2nd March 1985, instead of 2nd March 1981, and to correct the petitioner's entire school record accordingly. 3. It is the contention of the petitioner, that though the proposal for changing the entry regarding date of birth has been duly forwarded by his school to the respondent nos.1 and 2, the same is not considered by the said respondents, on the ground that since the petitioner has left the school, they have no jurisdiction to do so. 4. The issue is no more res integra. Vide judgment and order dated 7th January 2009, in Writ Petition No. 3319/2005, (3) the Division Bench of this Court, after considering the relevant provisions, has held that the Education Officer has a jurisdiction to consider application for changing entry regarding date of birth, even after the student leaves the school. In that view of the matter, the petition deserves to be allowed. 5. In the result, the petition is allowed. The respondent nos.1 and 2 are directed to make necessary correction, regarding date of birth of the petitioner, in accordance with law. The same shall be done within a period of two months from today. 6. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp10982