Allowed¶36

Samiksha Sanjay Chavan v. the State of Maharashtra and Others

Bombay HC14 Jan 2026WP/166/2026

Case brief

AI extract

What is this about?

Correction of date of birth in SSC passing certificate; typographical error by Maharashtra State Board of Secondary and Higher Secondary Education, Kolhapur; certificate showed 03.10.2007 against 03.11.2007 in birth certificate, school general register, school leaving certificate and hall ticket; Secondary Schools Code Clauses 26.3 and 26.4; direction to issue corrected certificate before HSC examination; writ petition allowed, rule made absolute; Bombay High Court Kolhapur Bench, January 2026.

What did the court decide?

Respondent no.2 Board directed to correct the petitioner's date of birth from 03.10.2007 to 03.11.2007 on the SSC passing certificate and to issue the corrected certificate on or before 10.02.2026; rule made absolute and petition disposed of. ¶36

Samiksha Sanjay Chavan vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether respondent no.2 Board committed an error in recording the petitioner's date of birth as 03.10.2007 on the SSC passing certificate when the hall ticket and all other records showed 03.11.2007. +1 more

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Court's answer

The wrong date of birth (03.10.2007) on the petitioner's SSC passing certificate is merely a typographical error committed by respondent no.2 Board; there is no material on record explaining why the date was changed from 03.11.2007 once the correct date had appeared on the hall ticket.

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Ratio / Principle

Respondent no.2 Board is directed to correct the date of birth of the petitioner from 03.10.2007 to 03.11.2007 on the certificate of passing the S.S.C. examination.

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Key takeaways

The Board shall issue the corrected certificate on or before 10.02.2026, as the petitioner is a student and appearing for the H.S.C. examination.ratio¶37

Detailed headnote1 paragraphs

Bombay High Court (Kolhapur Circuit Bench), Coram R.G. Avachat & Ajit B. Kadethankar, JJ., Writ Petition No. 166 of 2026, decided 22 January 2026 — Date of birth on SSC passing certificate; typographical error by Board. An SSC examinee's certificate of passing issued by respondent no.2, Maharashtra State Board of Secondary and Higher Secondary Education, Kolhapur, recorded her date of birth as 03.10.2007, although her Birth Certificate (page 25, Exh. B), the School General Register of Swami Vivekanand Primary School, Umerga (page 26), the School Leaving Certificate issued by Bharat Vidyalaya, Umerga, and the Board's own SSC hall ticket all recorded 03.11.2007. The Board's Divisional Secretary placed on record Clauses 26.3 and 26.4 of the Secondary Schools Code governing alteration/correction of General Register entries. Holding that the discrepancy was merely a typographical error committed by the Board itself — no material on record explaining the change once the hall ticket bore the correct date — the Court allowed the petition, directed the Board to correct the date of birth to 03.11.2007 on the certificate and to issue the corrected certificate on or before 10.02.2026, the petitioner being a student due to appear for the H.S.C. examination. Rule made absolute; petition disposed of.

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3-WP-166.2026.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

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WRIT PETITION NO.166 OF 2026

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Samiksha d/o. Sanjay Chavan, Age : 18 years, Occ. Education, r/o. Alanga, Tq. Aland, Dist. Kalaburgi (Karnataka State)

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..Petitioner

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Vs.

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The State of Maharashtra

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The Divisional Secretary,

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Maharashtra State Board of Secondary And Higher Secondary Education, Kolhapur

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The Education Oicer (Secondary) Zilla Parishad, Kolhapur

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The Head Master,

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Sanjivan Vidyaniketan,

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Somwar Peth, Panhala, Dist. Kolhapur

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..Respondents

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Mr.Dayanand Mali a/w. Mr.Gajraj A. Mali, Advocate for petitioner Mr.A.P.Vanarase, AGP for respondent nos.1 and 3

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Ms.Vedantika Naik a/w. Ms.Mrunal Tavade, Advocate for respondent no.2

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Mr.Kirankumar Phakade i/b. Mr.Sagar Mane, Advocate for respondent no.4

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CORAM : R. G. AVACHAT & AJIT B. KADETHANKAR, JJ. DATE : JANUARY 22, 2026.

3-WP-166.2026

ORDER :-

Heard learned counsel for the parties.

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Rule. Rule is made returnable forthwith. Considering the nature of the prayer made in this petition, we have heard the matter inally.

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The petitioner is born on 03.11.2007. Her Birth Certiicate is at page No.25 (Exh.”B”). A corresponding entry recording the date of birth of the petitioner in the School General Register of Swami Vivekanand Primary School, Umerga, Dist. Osmanabad, is also on record at page 26. The School Leaving Certiicate issued by Bharat Vidyalaya, Umerga, also records her date of birth as 03.11.2007. The petitioner appeared for the Secondary School Certiicate (SSC) examination and an hall ticket was issued by respondent no.2 – Board, wherein the date of birth was recorded as 03.11.2007. The petitioner passed the S.S.C. examination and a Certiicate of passing ( Sanad ) was issued by respondent no.2. The petitioner was shocked to see that her date of birth in the said certiicate was recorded as 03.10.2007. Feeling aggrieved thereby, the petitioner has preferred the present petition.

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3 3-WP-166.2026

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Mr.Mali, learned counsel for the petitioner, would submit that in every document the date of birth of the petitioner was shown as 03.11.2007. Even the respondent no.2 – Board also recorded the same date on the hall ticket issued to the petitioner. In such circumstances, the respondent no.2 – Board committed an error by recording the wrong date of birth as 03.10.2007. Learned counsel for the petitioner would submit that there was no occasion either for the petitioner or any party to seek correction in the date of birth of the petitioner from 03.11.2007 to 03.10.2007. Learned counsel for the petitioner, therefore, seeks direction to respondent no.2 to correct the date of birth of the petitioner on the certiicate of passing of S.S.C. examination.

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Learned counsel for respondent no.2 – Board has tendered an aidavit sworn by Shri. Basveshwar Mahadev Killedar, Divisional Secretary of the respondent no.2- Board. The same is taken on record. The concerned authority has referred Clauses 26.3 and 26.4 of the Secondary Schools Code, which read thus:-

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	Clause 26.3	Clause 26.4
1. Genera date of General spelling previous authority.	l Principle- No alteration in the birth or other entries in the Register, including correction of shall be allowed without the permission of the appropriate	Application for the change or correction of date of birth, name, surname, caste etc. as entered in the General Register shall be entertained from on or behalf of a pupil who is attending a school

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4 3-WP-166.2026

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2. Limitation- No such alteration in the figure of Date of Birth shall, however, be allowed even with such permission after the student has left the Secondary School.	Such application shall not be entertained from on or behalf of a pupil, who has left the school, as the same amounts not only to change in the entries in the General Register but also to a change in the School leaving Certificate
3. Exception– This shall not however preclude corrections of obvious mistakes, that is the date of a particular month which does not exist in the calendar.	However, for the purposes like an admission to another educational institution the School Leaving Certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and hence, in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after the issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school such application shall be entertained.
4. Procedure– Before giving sanction to correct spelling or the obvious mistake in figures, the same shall be verified with the original evidence, if any, produced at the time of making the relevant entry. When such an alteration is made on the strength of the written order of the said authority an entry to that effect shall be made in the remarks column of the General Register by writing the number and date of the order of the said authority. The written order shall be preserved as permanent record.	The procedure to be followed in such cases as is laid down in Appendix Six.

2. Limitation- No such alteration in the
figure of Date of Birth shall, however, be
allowed even with such permission after
the student has left the Secondary School.

Such application shall not be entertained
from on or behalf of a pupil, who has left
the school, as the same amounts not only
to change in the entries in the General
Register but also to a change in the School
leaving Certificate

3. Exception– This shall not however
preclude corrections of obvious mistakes,
that is the date of a particular month
which does not exist in the calendar.

However, for the purposes like an
admission to another educational
institution the School Leaving Certificate
is relied upon as an evidence for name,
surname, caste, date of birth etc., and
hence, in bonafide cases where wrong
spelling of a word or an obvious mistake
of the type mentioned in sub-rule 3 above
is noticed any time after the issue of the
School Leaving Certificate and the same is
required to be corrected so as to be
consistent with the corresponding entries
in the General Register of the school or
those in the School Leaving Certificate
issued by the previous school such
application shall be entertained.

4. Procedure– Before giving sanction to
correct spelling or the obvious mistake in
figures, the same shall be verified with the
original evidence, if any, produced at the
time of making the relevant entry. When
such an alteration is made on the strength
of the written order of the said authority
an entry to that effect shall be made in
the remarks column of the General
Register by writing the number and date
of the order of the said authority. The
written order shall be preserved as
permanent record.

The procedure to be followed in such
cases as is laid down in Appendix Six.

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All we ind in the present case is the error committed by respondent no.2 – Board while issuing the Certiicate of passing

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5 3-WP-166.2026

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S.S.C. examination in the name of the petitioner. It seems to be

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merely a typographical error. It is for the reason that there is no material on record as to why such date of birth has been changed from 03.11.2007 to 03.10.2007 once such date of birth has appeared on the hall ticket.

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In the circumstances, we pass the following order:-

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(i) The Writ Petition is allowed.

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(ii) Respondent no.2 - Board is directed to correct the date of birth of the petitioner from 03.10.2007’ to 03.11.2007’ on the Certiicate of passing the S.S.C. examination and shall issue the corrected Certiicate on or before 10.02.2026 as the petitioner is a student and appearing for H.S.C. examination.

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(iii) Rule is made absolute. The petition stands disposed of.

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[AJIT B. KADETHANKAR, J.] [R.G. AVACHAT, J.]

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KBP

Samiksha Sanjay Chavan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Samiksha Sanjay Chavan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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