Case Note & Summary
The petitioner, Bharat Ramkishan Wadkar, filed a writ petition before the Bombay High Court seeking correction of his date of birth in his Secondary School Certificate (SSC) issued by the Maharashtra State Secondary and Higher Secondary Education Board. The petitioner's date of birth was recorded as 16-06-1991 in the SSC certificate, but he claimed it was a typographical error and his actual date of birth is 16-06-1992. He relied on the school admission register and transfer certificate from his earlier school, which showed the correct date of birth. The petitioner had made representations to the Education Officer and the Board, but they refused to correct the certificate. The court considered the provisions of the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965, and noted that the Board has the power to correct errors in certificates. The court observed that the school records clearly indicated the correct date of birth, and the error was a typographical mistake. The court held that the Board cannot refuse correction on the ground of delay or lack of jurisdiction when the school records support the claim. The court allowed the petition and directed the Board to correct the date of birth in the SSC certificate to 16-06-1992 within four weeks.
Headnote
A) Education Law - Correction of Date of Birth in SSC Certificate - Typographical Error - Section 36 of Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 - Petitioner sought correction of date of birth from 16-06-1991 to 16-06-1992 in SSC certificate, claiming it was a typographical error - Court held that when school admission register and transfer certificate clearly show the correct date of birth, the Board is bound to correct the certificate - Held that the Board cannot refuse correction on the ground of delay or lack of jurisdiction (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the SSC certificate from 16-06-1991 to 16-06-1992 based on school records.
Final Decision
The petition is allowed. The respondents are directed to correct the date of birth of the petitioner in the SSC certificate from 16-06-1991 to 16-06-1992 within four weeks.
Law Points
- Correction of date of birth in SSC certificate
- Typographical error
- School admission register
- Transfer certificate
- Section 36 of Maharashtra Secondary and Higher Secondary Education Boards Act
- 1965
Case Details
2014 LawText (BOM) (02) 7
Writ Petition No. 1163 of 2011
S.C. Dharmadhikari, Ravindra V. Ghuge
Mr. V.D. Gunale for the petitioner, Mr. K.G. Patil Additional GP for Respondent Nos. 1 and 2, Mr. V.R. Sonwalkar for respondent No.3
Bharat Ramkishan Wadkar (Padile)
State of Maharashtra through its Secretary School Education Department, The Education Officer (Secondary) Zilla Parishad Latur, The Maharashtra State Secondary and Higher Secondary Education Board Latur Division through its Divisional Secretary, The Chief Officer Recruitment Zone Pune Division
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking correction of date of birth in SSC certificate.
Remedy Sought
Petitioner sought a writ of mandamus directing the respondents to correct his date of birth in the SSC certificate from 16-06-1991 to 16-06-1992.
Filing Reason
The petitioner's date of birth was incorrectly recorded as 16-06-1991 in the SSC certificate due to a typographical error, whereas his actual date of birth is 16-06-1992 as per school records.
Previous Decisions
The Education Officer and the Board refused to correct the certificate.
Issues
Whether the petitioner is entitled to correction of his date of birth in the SSC certificate based on school records.
Submissions/Arguments
Petitioner argued that the date of birth in the SSC certificate is a typographical error and the school admission register and transfer certificate show the correct date of birth.
Respondents argued that the Board has no power to correct the certificate after issuance.
Ratio Decidendi
When school records such as admission register and transfer certificate clearly indicate the correct date of birth, the Board is bound to correct the SSC certificate to reflect the correct date, and cannot refuse on the ground of delay or lack of jurisdiction.
Judgment Excerpts
The petitioner had, in our opinion, made a very innocuous request.
The school admission register and transfer certificate clearly show the correct date of birth.
The Board cannot refuse correction on the ground of delay or lack of jurisdiction.
Procedural History
The petitioner made representations to the Education Officer and the Board, which were refused. He then filed the present writ petition in 2011. The petition was heard and decided on 11th February 2014.
Acts & Sections
- Maharashtra Secondary and Higher Secondary Education Boards Act, 1965: Section 36
