Case Note & Summary
The petitioner, Rushikesh Dullarwar, filed a writ petition aggrieved by the order of the Deputy Director of Education (respondent no.1) declining to correct his date of birth in his Leaving Certificate and HSC mark-sheet. The petitioner's correct date of birth is 07.06.1997, as recorded with the Nagpur Municipal Corporation under the Registration of Births and Deaths Act, 1969. He was admitted to Indira Primary School where his date of birth was correctly recorded. However, upon admission to Saraswati Vidyalaya (respondent no.5) on 11.05.2006, his date of birth was incorrectly recorded as 07.06.1996. This error was carried forward when he took admission at C.P. and Berar High School (respondent no.4) for 11th and 12th standard, and later at Priyadarshini Institute of Engineering and Technology (respondent no.3) for B.E. (Information Technology). During his engineering studies, the petitioner discovered the error and applied for correction. The Deputy Director rejected the application, leading to the present petition. The court considered the legal issue of whether the municipal birth certificate should prevail over school records. The court held that under Section 15 of the Registration of Births and Deaths Act, 1969, a birth certificate is conclusive proof of date of birth. The court found that the petitioner had acted within a reasonable time and that the rejection was unjustified. The court allowed the petition, quashed the impugned order, and directed the respondents to correct the date of birth in all relevant documents within four weeks.
Headnote
A) Education Law - Correction of Date of Birth - Conclusive Proof - Registration of Births and Deaths Act, 1969, Section 15 - The court held that a birth certificate issued under the Act is conclusive proof of date of birth and must be given primacy over school records. The Deputy Director's rejection was quashed as the petitioner had produced the municipal birth certificate showing the correct date of birth. (Paras 1-10)
B) Education Law - Limitation for Correction - Reasonable Time - The court noted that the petitioner applied for correction within a reasonable time after discovering the error during engineering studies, and there was no delay that would prejudice the respondents. (Paras 4-6)
C) Education Law - Duty of Educational Authorities - Verification of Records - The court directed the respondents to correct the date of birth in all relevant documents including the Leaving Certificate and mark-sheets, based on the municipal birth certificate. (Paras 10-11)
Issue of Consideration
Whether the Deputy Director of Education was justified in rejecting the petitioner's application for correction of date of birth in school records despite the availability of a municipal birth certificate.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 19.10.2023, and directed the respondents to correct the petitioner's date of birth from 07.06.1996 to 07.06.1997 in the Leaving Certificate, HSC mark-sheet, and all consequential documents within four weeks.
Law Points
- Correction of date of birth in school records
- Municipal birth certificate as conclusive proof
- Limitation period for correction
- Section 15 of Registration of Births and Deaths Act
- 1969
Case Details
2023 LawText (BOM) (10) 196
Writ Petition No. 5925 of 2022
Prithviraj K. Chavan, Urmila Joshi-Phalke
P.R. Agrawal for petitioner, H.N. Prabhu (AGP) for respondent no.1, P.B. Patil for respondent no.2, Bhavya Dhruv h/f H.D. Dangre for respondent no.3
Rushikesh S/o Nivrutti Dullarwar
Deputy Director of Education, Nagpur Division, Nagpur; Divisional Secretary, Maharashtra State Board of Secondary and Higher Secondary, Pune; Priyadarshini Institute of Engineering and Technology; Head Master / Head Mistress, C.P. and Berar High School and Junior College; Head Master / Mistress, Saraswati Vidyalaya
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Nature of Litigation
Writ petition challenging the order of Deputy Director of Education rejecting correction of date of birth in school records.
Remedy Sought
Petitioner sought quashing of the impugned order and direction to respondents to correct his date of birth in the Leaving Certificate, HSC mark-sheet, and all consequential documents.
Filing Reason
The petitioner's date of birth was incorrectly recorded as 07.06.1996 instead of 07.06.1997 in school records, and the Deputy Director refused to correct it despite the petitioner producing a municipal birth certificate.
Previous Decisions
The Deputy Director of Education rejected the petitioner's application for correction of date of birth.
Issues
Whether the Deputy Director of Education was justified in rejecting the petitioner's application for correction of date of birth in school records despite the availability of a municipal birth certificate.
Whether the municipal birth certificate under the Registration of Births and Deaths Act, 1969 is conclusive proof of date of birth and must be given primacy over school records.
Submissions/Arguments
Petitioner argued that his correct date of birth is 07.06.1997 as per the municipal birth certificate, and the error occurred at the time of admission to Saraswati Vidyalaya. He applied for correction within a reasonable time.
Respondents opposed the correction, likely on grounds of delay or lack of authority, but the judgment does not detail their specific arguments.
Ratio Decidendi
A birth certificate issued under the Registration of Births and Deaths Act, 1969 is conclusive proof of date of birth and must be given primacy over school records. Educational authorities are bound to correct records based on such certificates when applied for within a reasonable time.
Judgment Excerpts
The date of birth of the petitioner is 07.06.1997 which has been recorded with the Nagpur Municipal Corporation under the provisions of Registration of Birth and Death Act, 1969.
The petitioner is aggrieved with the impugned order of the respondent no.1, who declined to correct his date of birth in the Leaving Certificate as well as mark-sheet of HSC examination and all consequential documents thereafter.
Procedural History
The petitioner applied to the Deputy Director of Education for correction of date of birth. The Deputy Director rejected the application. The petitioner then filed Writ Petition No. 5925 of 2022 before the Bombay High Court, Nagpur Bench. The court reserved judgment on 19.10.2023 and pronounced on 23.10.2023.
Acts & Sections
- Registration of Births and Deaths Act, 1969: Section 15
