The court dismissed a writ petition challenging the rejection of a service employee's application to correct her date of birth in her service record, upholding the Education Officer's decision based on service rules limiting time for such corrections.
Petition rejected summarily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
WP-748-2010
srk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.748 OF 2010
Smt. Kalpana Shantaram Parab
...Petitioner
Versus
The Education Officer, Z.P., Nashik and ors.
...Respondents
Mr.S.M.Sabrad for petitioner. Ms.S.S.Bhende, AGP for resp.nos.1 and 2.
CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.
P.C.
1. Heard Mr.Sabrad, the learned counsel for the petitioner who is
aggrieved by the decision of respondent nos.1 and 2 declining to correct
her date of birth.
effect from 1/8/1990 with the respondent no.3 – school and in her service
2
WP-748-2010
book her date of birth came to be recorded as 17/1/1961. She claimed
that for the first time she noticed that her date of birth was recorded
erroneously sometime in June 2006 and, therefore, on 20/6/2006 she made an application to the respondent no.3 for correction of her date of birth. The petitioner claims that her date of birth is 17/1/1965. However, her claim was declined by letter dated 30/1/2009 issued by the respondent no.1. Hence this petition.
3
WP-748-2010
school leaving certified issued by the earlier school i.e. Girls’ School No. 2, Manmad where the petitioner was studying and the record indicated that even with the said earlier school the petitioner’s date of birth was recorded as 17/1/1961. The application made by the petitioner on 20/6/2006 for correction of date of birth was solely based on the birth certificate issued by the Manmad Municipal Council. On verification of the record it was noticed by the Education Officer that the Manmad Municipal Council issued the birth certificate on 13/9/2006 and merely on the basis of an affidavit filed by the petitioner. The said affidavit was sworn on 20/1/1986 and thus the birth certificate was issued by the Manmad Municipal Council based on an affidavit which was sworn 20 years before. As per Rule 38(2) of the Maharashtra Civil Services (General Conditions of Services) Rules, 1981 no application for alteration of the entry regarding date of birth as recorded in the service book can be entertained after a period of five years commencing from the date of his / her entry in the service. Undoubtedly, the said Rules are applicable to the petitioner as well, as she is employed as a Librarian in an aided school. The petitioner submitted an application for change of her birth date after 16 years from her initial date of joining and that too on the basis of the birth certificate issued by the Manmad Municipal Council. It was
4
WP-748-2010
necessary for her to apply to the SSC Board and follow the procedure as has been prescribed under the Secondary School Code.
(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)
3 issues framed by the court
Whether the Education Officer was rightly empowered to reject the petitioner's application for correction of date of birth despite the reliance on a birth certificate.
Whether the impugned decision of declining to alter the entry regarding date of birth in the service book suffers from any infirmities.
Whether the petitioner's application for change of birth date fallen afoul of the time limit prescribed under service rules.
1 provisions across 1 enactments
Smt. Kalpana Shantaram Parab
The Education Officer, Z.P., Nashik
The Education Officer (Secondary), Zilla Parishad, Nashik
B. H. Marlappalle
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
