Patel Shailesh Ashvinkumar vs State Of Gujarat & 2

1. By way of present petition, the petitioner seeks following relief :

"(B) Your Lordship be pleased to quash and set aside the order dated 27.08.2015 passed by the Ld.

Metropolitan Magistrate, Court No.10, Ahmedabad passed upon Exh.-1 in Criminal Misc. Application No.118 of 2015 and further be pleased to issue direction, directing the respondents for carrying out appropriate correction regarding birth-date as 21.05.1994 in place of 21.01.1994 in School Leaving certificate.

(C) Pending admission and final hearing of this Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed May 04 04:59:09 IST 2016 C/SCA/17961/2015 ORDER petition, Your Lordship may be pleased to stay implementation and execution of the order dated 27.08.2015 passed by the Ld.

Metropolitan Magistrate, Court No.10, Ahmedabad passed upon Exh.-1 in Criminal Misc. Application No.118 of 2015."

2. As per the case of the petitioner, the petitioner's birth date is 21.5.1994 (which is correct birth date) and same was registered before the Birth & Death Registration Authority. The documents i.e. Birth Certificate, Voting Card, PAN Card etc. are showing the birth date as 21.5.1994. But in the school leaving certificate, the birth date of the petitioner is mentioned as 21.1.1994. Therefore, the petitioner made representation dated 25.2.2015 before the respondent No.2. The respondent No.2 replied that the respondent No.2 is not having authority to modify/rectify the birth date in School Leaving Certificate of the petitioner.

3. It appears that the petitioner has preferred Special Civil Application No.4192 of 2015, wherein the Coordinate Bench of this Court vide order dated 20.4.2015, has directed the petitioner to move before the concerned Magistrate and also Ld. Magistrate to consider the application within a period of 8 weeks. Thereafter, the petitioner made application before the concerned Authority i.e. Magistrate as directed vide order dated 20.4.2015. The Magistrate denied to entertain the application on the ground of lack of jurisdiction vide order dated 4.5.2015. Thereafter, the petitioner again approached this Court by way of filing Special Civil Application No.10172 of 2015 and while disposing of the said petition, this Court vide order dated 26.6.2015 directed that learned Metropolitan Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed May 04 04:59:09 IST 2016 C/SCA/17961/2015 ORDER Magistrate has power to decide the application for rectification of birth entry in school leaving certificate. Therefore, the petitioner approached the learned Magistrate by way of Criminal Misc. Application No.118 of 2015, but the same was rejected on the ground of lack of sufficient evidence.

4. In view of the above position, it is clearly directed by the Coordinate Bench of this Court to approach the learned Magistrate for the correction of birth date of the petitioner, in the school leaving certificate of the petitioner. The petitioner has approached the said Authority, but due to insufficient/non production of necessary documents, the application of the petitioner has been rejected. Therefore, the petitioner has approached this Court again with the same relief.

5. In view of the above, the petitioner is permitted to move before the learned Magistrate with necessary and relevant documents as directed by the Coordinate Bench vide order dated 26.6.2015 passed in Special Civil Application No.10172 of 2015. The submission of learned advocate for the petitioner that issue of res judicata will come in the way of the petitioner, is not accepted. The petition stands disposed of.

(Z.K.SAIYED, J.) YNVYAS Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed May 04 04:59:09 IST 2016