After 39-Year Delay, Gujarat HC Orders Woman’s School-Leaving Certificate Corrected To Match Municipal Birth Record

The petitioner sought correction of her date of birth in her school leaving certificate from 26 May 1972 to 26 October 1972.

She relied on a birth certificate issued by the Vadodara Municipal Corporation, which recorded 26 October 1972; the school leaving certificate issued on 31 May 1987 recorded 26 May 1972.

The respondents opposed the claim, relying on the 39-year delay and contending that the petition had been filed through a power-of-attorney holder without authority to litigate.

The petitioner invoked Article 226 after seeking correction from the respondents.

The Court applied Article 226 of the Constitution of India, under which it may grant appropriate relief where a petitioner has no other efficacious remedy.

It also relied on the Registration of Births and Deaths Act, 1969, observing that no time limit is prescribed under its provisions for correction of a date of birth.

The Court treated the birth certificate issued by the competent municipal authority as the authentic record of the petitioner’s date of birth; it cited no precedent.

The municipal birth certificate recorded the petitioner’s date of birth as 26 October 1972, while the school leaving certificate recorded 26 May 1972. The respondents produced no evidence contradicting the birth certificate or explaining the basis for the date entered in the school record.

Although the Court acknowledged the 39-year delay, it held that delay did not defeat the claim in the absence of a statutory time limit for correction. It also rejected the power-of-attorney objection as overly technical in the circumstances of this proceeding.

Finding no other efficacious remedy, the Court exercised its jurisdiction under Article 226.

The Rule was made absolute, with no order as to costs.