Case Note & Summary
The petitioner, Govind Ramrao Solanke, filed a writ petition seeking a direction to the Head Master of Zillha Parishad Primary School, Murti, to correct his date of birth in the school records from 22/02/1991 to 22/08/1993. The petitioner claimed that his actual date of birth was 22/08/1993, but at the time of admission to 1st standard, it was wrongly entered as 22/02/1991. He contended that his date of birth was correctly recorded at the Anganwadi. The petitioner's father filed an application on 10/11/2021 for correction, which was forwarded to the Education Officer. Separately, the petitioner filed a Criminal Misc. Application No.90 of 2021 before the Judicial Magistrate (F.C.), Ghansawangi, under the Registration of Births and Deaths Act, 1969, for recording his birth date. The court considered the issue of delay, noting that the petitioner studied in the school from 22/01/1991 to 22/08/1993 and the School Leaving Certificate was issued in 1993. The application for correction was made only in 2021, after 28 years. The court held that the petitioner failed to produce any contemporaneous documentary evidence to support his claim, such as the Anganwadi record or birth certificate. The court also noted that the petitioner did not explain the inordinate delay. Relying on the principle that correction of date of birth in school records cannot be directed after a long lapse of time without proper evidence, the court dismissed the petition. The court observed that the petitioner could pursue remedies under the Registration of Births and Deaths Act, 1969, or the Maharashtra Right to Public Services Act, 2015, if so advised.
Headnote
A) Education Law - Correction of Date of Birth - Delay and Laches - Petitioner sought correction of date of birth from 22/02/1991 to 22/08/1993 after 28 years - Held that inordinate delay and lack of contemporaneous evidence disentitles the petitioner to relief - The court cannot direct correction based on a belated application without proper proof (Paras 5-8). B) Evidence Law - Burden of Proof - Date of Birth - The onus is on the person seeking correction to prove the correct date of birth with reliable evidence - Held that the petitioner failed to discharge this burden as no contemporaneous document was produced (Para 7). C) Limitation - Delay and Laches - Educational Records - A petition for correction of date of birth after 28 years is barred by delay and laches - Held that the petitioner slept over his rights for an unreasonably long period and cannot seek equitable relief (Para 8).
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in school records after a delay of 28 years, and whether the school authorities can be directed to correct the date of birth based on a belated application without contemporaneous evidence.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to pursue remedies under the Registration of Births and Deaths Act, 1969 or the Maharashtra Right to Public Services Act, 2015, if so advised.
Law Points
- Correction of date of birth in school records
- Delay and laches
- Burden of proof
- Registration of Births and Deaths Act 1969
- Maharashtra Right to Public Services Act 2015
