IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 2594 of 1990 For Approval and Signature: Hon'ble MR.JUSTICE PRADIP KUMAR SARKAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- CHANDRAPRAKASH N PARWANI Versus DELTED -------------------------------------------------------------- Appearance: MS MITABEN R TALREJA for Petitioner MR AD OZA for Respondent No. 2 MR KS NANAVATI for Respondent No. 4 -------------------------------------------------------------- CORAM : MR.JUSTICE PRADIP KUMAR SARKAR Date of decision: 04/04/2000 ORAL JUDGEMENT None appears for the petitioner. I have heard Mr P.A. Mehta, learned counsel for the Respondent No.4 and Mr. Dipak Dave for Mr. A.D. Oza, learned P.P. for respondent Board. Present petition has been filed by Shri.Chandraprakash N. Parwani for change of his date of birth in the SSC certificate issued by the Gujarat Secondary Education Board, the respondent no.2. It is stated that, by mistake the date of birth of the petitioner in the School register has been shown as 8-6-1959, and this date of birth has been indicated by the Board in the SSC certificate of the petitioner. The petitioner after appearing in the SSC examination obtained his birth certificate from Ahmedabad Municipal Corporation, and according to the Birth Register of the Municipal Corporation, the date of birth of the petitioner is 24-8-1959. Regarding proof of date of birth, generally the certificate of SSC examination is taken as the correct one, as well as the certificate issued by the Birth Registrar is also taken as correct date of birth. In the present case the date of birth as appears in the SSC examination certificate and the birth certificate issued by the Municipal authority are different. According to the petitioner, the birth certificate issued by the Ahmedabad Municipal Corporation is the genuine one, and the date of birth recorded in the School Register has been erroneously recorded as 8-6-1959. The petitioner approached the Board-respondent no.2 for correction of the date of birth in the SSC certificate, but this has not been done by the respondent Board. Mr. Dave, learned counsel appearing on behalf of the Board submitted that, there are procedure for correction of date of birth in SSC certificate. Learned counsel submitted that the petitioner should have first moved the School authority for correction of his date of birth along with supporting document and if the school authority recommends the correction of the date of birth, then only the Secondary Education Board can consider correction of the date of birth in accordance with law. Learned counsel submitted that, the petitioner has not filed any application for correction of his date of birth to the school authority, and no recommendation has been received from the school authority by the Board. Consequently the case of the petitioner has not been considered by the Board. Learned counsel fairly submitted that, if the petitioner wishes he can still apply to the school authority at the first instance for correction of the date of birth in the School Register and if the school authority recommends the correction of date of birth, then the board may consider such prayer in accordance with the rules and procedure of the Board. Accordingly it is ordered that, if the petitioner wishes he may apply to the school authority at the first instance for correction of his date of birth along with supporting documents, and if such application is filed to the school authority then the school authority after considering the same may forward the same to the Board and the Board shall consider the same in accordance with the rules and procedures of the Board. The petitioner is at liberty to file application to the school authority within a period of three months from today. With the aforesaid directions, present petition is disposed of. Rule is discharged. No order as to costs. DT: 4-4-2000 ( P.K. Sarkar, J ) /vgn