KINNARIBEN RAKESH SHAH vs DISTRICT EDUCATION OFFICER
- Court
- Gujarat High Court
C/SCA/6830/2024 JUDGMENT DATED: 30/10/2026
(GJHC240283262024)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6830 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
✓
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KINNARIBEN RAKESH SHAH
Versus
DISTRICT EDUCATION OFFICER & ORS.
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Appearance:
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Petitioner(s) No. 1
MR AD OZA(515) for the Respondent(s) No. 2
MR ADITYA DAVDA, AGP for the Respondent(s) No. 1,3
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CORAM: HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 30/10/2026
JUDGMENT
1. The present petition is filed under Article 226 of the
Constitution of India, 1950 by the petitioner seeking following
prayers.
“a) Be pleased to issue appropriate writ order or directions and thereby be
pleased to direct the respondents to change the date of birth of the petitioner
from 26.05.1972 to 26.10.1972 in the school leaving certificate;
b) Be pleased to direct the respondent No.3 to issue fresh school leaving
certificate to the petitioner with correct date of birth i.e. 26.10.1972 in the
interest of justice;
c) Be pleased to issue appropriate writ, or directions and thereby be order
pleased to direct the respondents to positively consider the representation of
the petitioner dated 15.03.2024 expeditiously.
d) To pass any other order or orders in favour of the petitioners as this
Hon'ble Court deems fit and proper in the facts and circumstances of the
case.”
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2. Rule returnable forthwith. Learned AGP Mr. Aditya
Davda and learned advocate Mr. A.D. Oza waive service of
notice of Rule for the respective respondents.
3. Heard learned advocate Mr. Maulik Nanavati for M/s.
Nanavati & Co. for the petitioner and learned AGP Mr. Aditya
Davda and learned advocate Mr. A.D. Oza for the respective
respondents.
4. The present petition is filed challenging respondent's
action of not considering the application for change in the date
of birth of the petitioner in school leaving certificate.
5. Learned advocate for the petitioner submitted that
petitioner was born on 26.10.1972 at Vadodara. The birth
certificate came to be registered on 28.10.1972 by Health
Department (Birth and Death) Municipal Corporation,
Vadodara. The birth certificate mentions the correct date of
birth as 26.10.1972. It is further submitted that in the school
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leaving certificate, date of birth of petitioner is erroneously
mentioned as 26.05.1972. It is further submitted that error is
apparent as the petitioner was born on 28.10.1972 and in the
school leaving certificate, date of birth of petitioner is shown
as 26.05.1972. As the petitioner had to go abroad, a power of
attorney was executed in favor of her brother-in-law for the
purpose of legal proceedings. It is, therefore, submitted that
the present petition be allowed, as prayed for. Except above,
no other submissions are made by learned advocate for the
petitioner.
6. Per contra , learned advocate for the respondent has
contended that the application is filed after a period of 39
years of gap. The petition is filed through power of attorney,
who is not having any authority to file present petition. It is
therefore, submitted that the petition being devoid of merits
and the same may be dismissed. Except above, no other
submissions are made by learned advocate for the respondent.
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7. I have considered the submissions canvassed by learned
advocates for the parties and perused papers. Petitioner, as per
the records of the Department of Health and Family Welfare,
issued by Vadodara Municipal Corporation, records date of
birth of Kinnariben as 26.10.1972. The registration of the birth
date is 28.10.1972. However, in the school leaving certificate,
date of birth is mentioned as 26.05.1972. There is force in the
submission of learned advocate for the respondent that
application for correction of birth date is submitted after 39
years of gap. But, it is to be considered by the Court that there
is no time limit prescribed under the provisions of Registration
of Births and Deaths Act 1969 for the correction in the date of
birth. The authentic record is the birth certificate issued under
the Department of Health and Family Welfare, Government of
Gujarat which undisputedly reflects date of birth of
Kinnariben as 26.10.1972. It appears that in the school leaving
certificate which was issued on 31.05.1987, date of birth of
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petitioner is reflected as 26.05.1972. There is no contrary
evidence produced by the respondent regarding false date of
birth mentioned in the birth certificate. There is no other
evidence placed on record as to by which document / material
date of birth as of 26.05.1972 is mentioned in the school
leaving certificate. Therefore, in my opinion, there is
substance in the petition. The contention that the petition is
filed through a power of attorney holder, who is not having a
power to litigate before any Court of law is too technical in
such type of proceedings. Had it been any civil proceedings,
the power of attorney holder must possess a specific power to
file, appear and prosecute any legal proceedings. The present
petition being regarding rectification of birth date in the
school leaving certificate, such contention raised by learned
advocate for the respondent is not accepted.
8. In the present case, petitioner having no other alternative
of efficacious remedy to bring change in the date of birth in
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school leaving certificate, this Court, having powers under
Article 226 of the Constitution of India, grants this petition as
prayed for.
9. Respondent No.3 is hereby directed to issue fresh school
leaving certificate to the petitioner with correct date of birth as
26.10.1972 within a period of 4 weeks from the date of receipt
of copy of this order.
10. In view of the above, the present petition stands disposed
of. Rule is made absolute. No order as to costs.
(D. M. DESAI,J)
RINKU MALI
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