Full Judgment Text
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8620 OF 2022
Govind Ramrao Solanke,
Age 29 years, Occupation Education,
R/o : Murti, Tq. Ghansawangi,
District Jalna. ...Petitioner
VERSUS
1) The State of Maharashtra,
Through Its Secretary for Primary
Education Mantralaya, Mumbai.
2) Education Officer (Primary)
Zillha Parishad, Education Department
Jalna.
3) Block Education officer,
Panchayat Samiti, Ghansawangi
District Jalna.
4) Head Master,
Zillha Parishad Primary School Murti
Tq. Ghansawangi, Dist. Jalna. ...Respondents
…..
Advocate for the Petitioner : Mr. M. K. Bhosale h/f
Mr. M. L. Muthal
AGP for Respondent No.1 : Mr. S. G. Karlekar
…..
CORAM : RAVINDRA V. GHUGE &
ARUN R. PEDNEKER , JJ.
Date of Reserving the Judgment : 25/08/2022
Date of Pronouncing the Judgment : 16/09/2022
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JUDGMENT : ( Per ARUN R. PEDNEKER, J.)
1. Rule. Rule made returnable forthwith. With the consent of the
parties heard finally.
2. The petitioner has filed the present writ petition seeking
direction to the respondent No.4 – Head Master, Zillha Parishad
Primary School, Murti, Tq. Ghansawangi, Dist. Jalna, to correct the
date of birth in the school record where the petitioner was studying
from 22/01/1991 to 22/08/1993.
3. It is the case of the petitioner that his actual date of birth is
22/08/1993 and at the time of admission at Anganwadi, his date of
st
birth was correctly recorded. At the time of his admission to 1
Standard in the respondent No.4- Zillha Parishad Primary School,
Murti, his birth date was wrongly entered as 22/02/1991.
Accordingly, the same birth date was mentioned in the School
Leaving Certificate. The father of the petitioner, thereafter, filed an
application dated 10/11/2021, for correction of the school record.
The application filed by the father of the petitioner, was forwarded to
respondent No.2 - Education Officer (Primary) for correction of the
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birth date in the school record. The petitioner had also filed Criminal
Misc. Application No.90 of 2021, before the Judicial Magistrate
(F.C.), Ghansawangi, independently for recording of his birth date,
under the Registration of Births and Deaths Act, 1969. He
contended in the said application that he was born on 22/08/1993.
In support of the said application, he filed evidence in the form of a
certificate given by Gramsevak, copy of public notice issued in daily
newspaper ‘Anand Nagri’, dated 07/01/2022. On the basis of the
said evidence, the Judicial Magistrate (F.C.) Ghansawangi, had
decided the said Criminal Application and had directed to register the
entry of birth of the petitioner as 22/08/1993 in the concerned
register on payment of prescribed fee. All these records were filed
with the application which was forwarded to respondent No.2 -
Education officer (Primary). The petitioner has approached this Court
seeking a direction to the respondents, particularly respondent Nos.2
and 3, to direct them to correct the petitioner’s birth date in the
school record.
4. The issue of change of birth date in school record has been
considered by the Full Bench Judgment of this Court, in the case of
Janabai d/o Himmatrao Thakur Vs. The State of
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Maharashtra and Ors., reported in 2020 (1) ALL MR 360 (F.B.) ,
wherein it has been held at paragraphs No.23, 24 as under :-
“23. We now come to the core issue in hand, namely :
“ (A) Whether an application seeking alteration,
change or correction in the name, surname, date
of birth, caste, or other entries entered in the
General Register, including correction in spelling of
name, surname, date of birth, caste, as recorded
in the General Register, shall be entertained by or
on behalf of the pupil who has left the school and
the change in the aforesaid entries, is necessitated
for the purposes like securing an admission to
another educational institution and the School
Leaving Certificate is relied upon as an evidence
for name, surname, caste, date of birth, etc. ”
(emphasis suppied)
The consideration of this issue depends upon the language of
Clause 26.3 and 26.4 of the S.S. Code, which read as under:
26.3 26.4
1 No alteration in the date of
Application for change or
correction of date of birth,
name, surname, caste etc . as
entered in the General
Register shall be entertained
from or on behalf of a pupil
who is attending a school.
(General Principle)
birth or other entries in the
General Register , including
correction of spelling shall be
allowed without the previous
permission of the appropriate
authority.
(General principle)
2 No such alteration in the Such application shall not
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figure of Date of Birth
shall, however, be allowed
even with such permission
after the student has left
secondary school .
be entertained from or on
behalf of a pupil, who has
left the school , as the same
amounts not only to a change
in the entries in the General
Register but also to a change
in the School Leaving
Certificate. (Limitation)
(Limitation)
3. This shall not however
preclude corrections of
obvious mistakes , that is
the date of a particular
month which does not exist
in the calendar .
However, for the purposes
like an admission to
another educational
institution the School
Leaving Certificate is relied
upon as an evidence for
name, surname, caste, date
of birth etc., and hence in
bonafide cases where
wrong spelling of a word
or an obvious mistake of
the type mentioned in sub-
rule 3 above is noticed any
time after issue of the School
Leaving Certificate and the
same is required to be
corrected so as to be
consistent with the
corresponding entries in
the General Register of the
school or those in the School
Leaving Certificate issued by
the previous school, such
applications shall be
entertained. (Exception)
(Exception )
4 Before giving sanction to
correct spelling or the obvious
mistake in figures, the same
shall be verified with the
original evidence, if any,
produced at the time of
making the relevant entry.
The procedure to be followed
in such cases is laid down in
Appendix Six.” (Procedure)
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When such an alteration is
made on the strength of the
written order of the said
authority an entry to that
effect shall be made in the
remarks column of the
General Register by writing
the number and date of the
order of the said authority.
The written order shall be
preserved as permanent
record.
(Procedure)
24. A look at the comparative table above, will
demonstrate the marked differences between the language of
Clauses 26.3 and 26.4 of the S.S. Code and will indicate that
they overlap and also operate in different fields at the same
time. While Clause 26.3, permits change of the entries in the
General Register, it, at the same time restricts the time span
and the nature of the change in respect of certain entries
therein after a student/pupil has left school, which is indicated
by the Third sentence of Clause 26.3. The restriction is
demonstrated by the absolute embargo cast upon any change
in the date of birth, except for the obvious error as indicated
therein, after a student has left school, as is indicated by the
second sentence in Clause 26.3. It would not be out of context
to point out here that Clause 26.3, does not speak of the
School Leaving certificate at all. In consonance with this the
Second sentence of Clause 26.4, continues this prohibition, of
not permitting any change at the behest of a pupil who has left
school, as the same according to the language used not only
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amounts to a change in the entries in the General Register, but
in the school leaving certificate also. The third sentence in
Clause 26.4, however permits any change in the entries as
recorded in the School Leaving Certificate, only so as to bring
these entries in consonance with the existing entries in the
General Register. Thus a conjoint reading of the various
sentences in Clauses 26.3 and 26.4, with each other, leads us
to the following conclusion :
(a) an application for alteration in the entries in
the General Register is permissible, with the
previous permission of the appropriate
authority at any time when the pupil is
attending the school.
(b) No application for alteration in the figure of
date of birth is permissible, after the student
has left secondary school, except correction in
the nature of obvious mistakes as indicated in
Clause 26.3 i.e. of a nature where the date of
a particular month which does not exist in the
calendar and likewise.
(c) An application for change in the spelling of
the name, or for that matter in the name,
surname or caste are errors which fall within
the category of obvious mistakes, and thus
can be made, even after the student has left
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school in light of the language of Clause 26.3.
(d) For the purposes like an admission to another
educational institution, in cases of obvious
mistakes as prescribed in Clause 26.4, a
change/correction in the school leaving
certificate, so as to make the entry consistent
with the corresponding entries in the General
Register of the School is permissible, which in
fact is in consonance with (c) above.”
5. At paragraph No.39 of the said Judgment of Janabai (Supra) ,
this Court concluded as under :-
“39. This being the position, We answer Question
Nos.(A) & (C) in the following terms :
(a) An application for alteration in the entries
in the General Register is permissible, with the
previous permission of the appropriate
authority at any time when the pupil is
attending the school.
(b) No application for alteration in the figure
of date of birth is permissible, after the student
has left secondary school, except correction in
the nature of 'obvious mistakes' as indicated in
Clause 26.3 i.e. of a nature where the date of a
particular month which does not exist in the
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9
calendar and likewise. (emphasis supplied)
(c) Thus, in light of the above, an application
for change in the name, surname or caste,
either due to reasons / cause unnoticed before
or even occurring subsequently, being errors
which fall within the category of 'obvious
mistakes', can be made, even after the student
has left school in light of the language of Clause
26.3 in the manner as indicated by Appendix
Six in the forms as prescribed in the S.S. Code.
(d) For the purposes like admission to another
educational institution, in cases of obvious
mistakes as prescribed in Clause 26.4, a
change/correction in the school leaving
certificate, so as to make the entry consistent
with the corresponding entries in the General
Register of the School is permissible, which in
fact is in consonance with (c) above.”
6. In the Judgment of Janabai (Supra) , the Full Bench of this
Court laid down the parameters under which the birth date in school
entry can be altered. The Full Bench in the above case at paragraph
No.39 has held that no application for alteration in the figure of the
date of birth is permissible after the student has left secondary
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school, except correction in the nature of ‘obvious mistake’, where
the date of a particular month which does not exist in the calendar
and likewise.
7. The petitioner had applied for correction of the birth date in
the school record after he had left the school and as such in view of
the aforesaid Judgment of Janabai (Supra) , the petitioner’s prayer
for change, which is not in the nature of ‘obvious mistake’, cannot
be accepted. Thus, the present writ petition cannot be entertained.
Hence, this petition is dismissed. Rule is discharged.
( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. )
gawade/-.
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BENCH AT AURANGABAD
WRIT PETITION NO.8620 OF 2022
Govind Ramrao Solanke,
Age 29 years, Occupation Education,
R/o : Murti, Tq. Ghansawangi,
District Jalna. ...Petitioner
VERSUS
1) The State of Maharashtra,
Through Its Secretary for Primary
Education Mantralaya, Mumbai.
2) Education Officer (Primary)
Zillha Parishad, Education Department
Jalna.
3) Block Education officer,
Panchayat Samiti, Ghansawangi
District Jalna.
4) Head Master,
Zillha Parishad Primary School Murti
Tq. Ghansawangi, Dist. Jalna. ...Respondents
…..
Advocate for the Petitioner : Mr. M. K. Bhosale h/f
Mr. M. L. Muthal
AGP for Respondent No.1 : Mr. S. G. Karlekar
…..
CORAM : RAVINDRA V. GHUGE &
ARUN R. PEDNEKER , JJ.
Date of Reserving the Judgment : 25/08/2022
Date of Pronouncing the Judgment : 16/09/2022
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JUDGMENT : ( Per ARUN R. PEDNEKER, J.)
1. Rule. Rule made returnable forthwith. With the consent of the
parties heard finally.
2. The petitioner has filed the present writ petition seeking
direction to the respondent No.4 – Head Master, Zillha Parishad
Primary School, Murti, Tq. Ghansawangi, Dist. Jalna, to correct the
date of birth in the school record where the petitioner was studying
from 22/01/1991 to 22/08/1993.
3. It is the case of the petitioner that his actual date of birth is
22/08/1993 and at the time of admission at Anganwadi, his date of
st
birth was correctly recorded. At the time of his admission to 1
Standard in the respondent No.4- Zillha Parishad Primary School,
Murti, his birth date was wrongly entered as 22/02/1991.
Accordingly, the same birth date was mentioned in the School
Leaving Certificate. The father of the petitioner, thereafter, filed an
application dated 10/11/2021, for correction of the school record.
The application filed by the father of the petitioner, was forwarded to
respondent No.2 - Education Officer (Primary) for correction of the
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birth date in the school record. The petitioner had also filed Criminal
Misc. Application No.90 of 2021, before the Judicial Magistrate
(F.C.), Ghansawangi, independently for recording of his birth date,
under the Registration of Births and Deaths Act, 1969. He
contended in the said application that he was born on 22/08/1993.
In support of the said application, he filed evidence in the form of a
certificate given by Gramsevak, copy of public notice issued in daily
newspaper ‘Anand Nagri’, dated 07/01/2022. On the basis of the
said evidence, the Judicial Magistrate (F.C.) Ghansawangi, had
decided the said Criminal Application and had directed to register the
entry of birth of the petitioner as 22/08/1993 in the concerned
register on payment of prescribed fee. All these records were filed
with the application which was forwarded to respondent No.2 -
Education officer (Primary). The petitioner has approached this Court
seeking a direction to the respondents, particularly respondent Nos.2
and 3, to direct them to correct the petitioner’s birth date in the
school record.
4. The issue of change of birth date in school record has been
considered by the Full Bench Judgment of this Court, in the case of
Janabai d/o Himmatrao Thakur Vs. The State of
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4
Maharashtra and Ors., reported in 2020 (1) ALL MR 360 (F.B.) ,
wherein it has been held at paragraphs No.23, 24 as under :-
“23. We now come to the core issue in hand, namely :
“ (A) Whether an application seeking alteration,
change or correction in the name, surname, date
of birth, caste, or other entries entered in the
General Register, including correction in spelling of
name, surname, date of birth, caste, as recorded
in the General Register, shall be entertained by or
on behalf of the pupil who has left the school and
the change in the aforesaid entries, is necessitated
for the purposes like securing an admission to
another educational institution and the School
Leaving Certificate is relied upon as an evidence
for name, surname, caste, date of birth, etc. ”
(emphasis suppied)
The consideration of this issue depends upon the language of
Clause 26.3 and 26.4 of the S.S. Code, which read as under:
26.3 26.4
1 No alteration in the date of
Application for change or
correction of date of birth,
name, surname, caste etc . as
entered in the General
Register shall be entertained
from or on behalf of a pupil
who is attending a school.
(General Principle)
birth or other entries in the
General Register , including
correction of spelling shall be
allowed without the previous
permission of the appropriate
authority.
(General principle)
2 No such alteration in the Such application shall not
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5
figure of Date of Birth
shall, however, be allowed
even with such permission
after the student has left
secondary school .
be entertained from or on
behalf of a pupil, who has
left the school , as the same
amounts not only to a change
in the entries in the General
Register but also to a change
in the School Leaving
Certificate. (Limitation)
(Limitation)
3. This shall not however
preclude corrections of
obvious mistakes , that is
the date of a particular
month which does not exist
in the calendar .
However, for the purposes
like an admission to
another educational
institution the School
Leaving Certificate is relied
upon as an evidence for
name, surname, caste, date
of birth etc., and hence in
bonafide cases where
wrong spelling of a word
or an obvious mistake of
the type mentioned in sub-
rule 3 above is noticed any
time after issue of the School
Leaving Certificate and the
same is required to be
corrected so as to be
consistent with the
corresponding entries in
the General Register of the
school or those in the School
Leaving Certificate issued by
the previous school, such
applications shall be
entertained. (Exception)
(Exception )
4 Before giving sanction to
correct spelling or the obvious
mistake in figures, the same
shall be verified with the
original evidence, if any,
produced at the time of
making the relevant entry.
The procedure to be followed
in such cases is laid down in
Appendix Six.” (Procedure)
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When such an alteration is
made on the strength of the
written order of the said
authority an entry to that
effect shall be made in the
remarks column of the
General Register by writing
the number and date of the
order of the said authority.
The written order shall be
preserved as permanent
record.
(Procedure)
24. A look at the comparative table above, will
demonstrate the marked differences between the language of
Clauses 26.3 and 26.4 of the S.S. Code and will indicate that
they overlap and also operate in different fields at the same
time. While Clause 26.3, permits change of the entries in the
General Register, it, at the same time restricts the time span
and the nature of the change in respect of certain entries
therein after a student/pupil has left school, which is indicated
by the Third sentence of Clause 26.3. The restriction is
demonstrated by the absolute embargo cast upon any change
in the date of birth, except for the obvious error as indicated
therein, after a student has left school, as is indicated by the
second sentence in Clause 26.3. It would not be out of context
to point out here that Clause 26.3, does not speak of the
School Leaving certificate at all. In consonance with this the
Second sentence of Clause 26.4, continues this prohibition, of
not permitting any change at the behest of a pupil who has left
school, as the same according to the language used not only
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amounts to a change in the entries in the General Register, but
in the school leaving certificate also. The third sentence in
Clause 26.4, however permits any change in the entries as
recorded in the School Leaving Certificate, only so as to bring
these entries in consonance with the existing entries in the
General Register. Thus a conjoint reading of the various
sentences in Clauses 26.3 and 26.4, with each other, leads us
to the following conclusion :
(a) an application for alteration in the entries in
the General Register is permissible, with the
previous permission of the appropriate
authority at any time when the pupil is
attending the school.
(b) No application for alteration in the figure of
date of birth is permissible, after the student
has left secondary school, except correction in
the nature of obvious mistakes as indicated in
Clause 26.3 i.e. of a nature where the date of
a particular month which does not exist in the
calendar and likewise.
(c) An application for change in the spelling of
the name, or for that matter in the name,
surname or caste are errors which fall within
the category of obvious mistakes, and thus
can be made, even after the student has left
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8
school in light of the language of Clause 26.3.
(d) For the purposes like an admission to another
educational institution, in cases of obvious
mistakes as prescribed in Clause 26.4, a
change/correction in the school leaving
certificate, so as to make the entry consistent
with the corresponding entries in the General
Register of the School is permissible, which in
fact is in consonance with (c) above.”
5. At paragraph No.39 of the said Judgment of Janabai (Supra) ,
this Court concluded as under :-
“39. This being the position, We answer Question
Nos.(A) & (C) in the following terms :
(a) An application for alteration in the entries
in the General Register is permissible, with the
previous permission of the appropriate
authority at any time when the pupil is
attending the school.
(b) No application for alteration in the figure
of date of birth is permissible, after the student
has left secondary school, except correction in
the nature of 'obvious mistakes' as indicated in
Clause 26.3 i.e. of a nature where the date of a
particular month which does not exist in the
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9
calendar and likewise. (emphasis supplied)
(c) Thus, in light of the above, an application
for change in the name, surname or caste,
either due to reasons / cause unnoticed before
or even occurring subsequently, being errors
which fall within the category of 'obvious
mistakes', can be made, even after the student
has left school in light of the language of Clause
26.3 in the manner as indicated by Appendix
Six in the forms as prescribed in the S.S. Code.
(d) For the purposes like admission to another
educational institution, in cases of obvious
mistakes as prescribed in Clause 26.4, a
change/correction in the school leaving
certificate, so as to make the entry consistent
with the corresponding entries in the General
Register of the School is permissible, which in
fact is in consonance with (c) above.”
6. In the Judgment of Janabai (Supra) , the Full Bench of this
Court laid down the parameters under which the birth date in school
entry can be altered. The Full Bench in the above case at paragraph
No.39 has held that no application for alteration in the figure of the
date of birth is permissible after the student has left secondary
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10
school, except correction in the nature of ‘obvious mistake’, where
the date of a particular month which does not exist in the calendar
and likewise.
7. The petitioner had applied for correction of the birth date in
the school record after he had left the school and as such in view of
the aforesaid Judgment of Janabai (Supra) , the petitioner’s prayer
for change, which is not in the nature of ‘obvious mistake’, cannot
be accepted. Thus, the present writ petition cannot be entertained.
Hence, this petition is dismissed. Rule is discharged.
( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. )
gawade/-.
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