Nareshbhai Managing Patel v. Bhavna Girls Higher Secondary School
2015-06-25
N.V.ANJARIA
body2015
DigiLaw.ai
JUDGMENT : N.V. Anjaria, J. The short question which arises for consideration in this petition is whether the learned Additional Chief Metropolitan Magistrate, Ahmedabad was justified in not entertaining the application for correction in the date of birth in the school leaving certificate, holding that his court had no jurisdiction for the reason that the person praying for correction of the birth-date was born at Vijapur, District Mehsana. 2. The challenge in this petition is directed against order dated 03.07.2014 passed by learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad in Criminal Misc. Application No. 510 of 2014 which was filed by the petitioner-father before the said court for correction of date of birth of his daughter. 3. The case was inter alia that the daughter Kinjal was born on 17.11.1990 at Primary Health Care Center, Village/City Vasai Taluka Vijapur District Mehsana. The birth date at that time was recorded in the register of Talati-cum-Mantri, Mehsana, on 28.11.1990. The petitioner has produced copy of the birth certificate issued by the competent authority showing the said birth-date. The daughter of the petitioner studied at Bhavna Girls Higher Secondary School at Ahmedabad-respondent No. 1 herein. Upon completion of secondary education in the said school, the school leaving certificate was issued in which the birth-date was incorrectly recorded as 17.11.1989. The petitioner has produced a copy of school leaving certificate dated 11.12.2012 and the register of respondent No. 1- school being school register G.R. No. 1959, serial No. 2032 recording erroneously the birth-date 17.11.1989. 3.1 The petitioner filed Criminal Misc. Application No. 510 of 2014, and prayed before the learned Metropolitan Magistrate's Court at Ahmedabad, for an order for correction of date of birth in the school leaving certificate and for direction against respondent No. 1-school for re-issuance of school leaving certificate duly corrected vice the date of birth. It was stated that his daughter was desirous to go abroad and at the time of seeking passport, the error in recording of birth-date was noticed, therefore the same was required to be corrected. 4. Heard learned advocate Ms. Hiral Mehta for the petitioner and learned advocate Mr. A.D. Oza for respondent Nos.2 and 3. None appeared for respondent No. 1-school though served with the rule of this court.
4. Heard learned advocate Ms. Hiral Mehta for the petitioner and learned advocate Mr. A.D. Oza for respondent Nos.2 and 3. None appeared for respondent No. 1-school though served with the rule of this court. 4.1 Learned advocate for the petitioner relied on decision of this court in Nitaben Nareshbhai Patel v. State of Gujarat, 2008 (1) GLR 884 . On the other hand, learned advocate for respondent Nos.2 and 3 based his contentions on the basis of affidavit-inreply filed by Education Inspector, District Education Office, Ahmedabad(Rural). 5. The subject field of correction of date of birth, name or place of birth in the school leaving certificate, is governed by the Regulations framed under the Gujarat Secondary Education Act, 1974. They are framed in exercise of powers under Section 54 of the Act, in particular Regulation 12 thereof. Regulation 12(5)(i) provides for effecting a change in the name by making an application in the prescribed proforma along with certain documents in Regulation 5(1)(A) to (D). Regulation 12(6) pertains to the correction of date of birth. According to it, during the time when a student has been studying in the school, only the school authorities are competent to effect correction. Afterwards, the Magistrate (First Class) concerned is vested with the jurisdiction to order the correction upon being furnished necessary documents and upon being satisfied about the correction requested for. 6. The rejection of the application of the petitioner on the ground that the Ahmedabad court lacks the jurisdiction, was wholly erroneous in law. Learned Magistrate reasoned that since the birth of the petitioner's daughter was at different place in District Mehsana, the Magisterial court in that district would be the competent court to exercise the jurisdiction. It is fallacious to hold that the place of birth would determine correction in the birth-date in the school leaving certificate. It is the place of school which issued school leaving certificate would be the place of jurisdiction. The petitioner stated on oath and it is not in dispute that the petitioner's daughter studied at Ahmedabad. Upto 5th standard, during Academic Years 1995-2000, she studied at Ambika Primary School. 6th Standard was completed in the year 2000-2001 at Shivam Vidhyalay. Similarly, 7th and 8th Standards were completed in Jivan Jyot School and 11th and 12th Standards at Bhavna Higher Secondary School - in all Ahmedabad.
Upto 5th standard, during Academic Years 1995-2000, she studied at Ambika Primary School. 6th Standard was completed in the year 2000-2001 at Shivam Vidhyalay. Similarly, 7th and 8th Standards were completed in Jivan Jyot School and 11th and 12th Standards at Bhavna Higher Secondary School - in all Ahmedabad. The school leaving certificate in which the correction of date of birth prayed for, was issued by Bhavna Higher Secondary School, Vastral Road, Ahmedabad. As the petitioner's daughter studied at Ahmedabad and the school leaving certificate was issued by the school at Ahmedabad, the Magistrate concerned at Ahmedabad would be the magistrate having proper jurisdiction. 7. Learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad, in rejecting the application for correction of date of birth, fell into a jurisdictional error when it held that because of the petitioner's daughter having been born at a place in the district of Mehsana, the court at Ahmedabad could not entertain the application of correction of date of birth in the school leaving certificate. The jurisdiction of the Magistrate for the purpose of making application for correction in the school leaving certificate under the aforesaid Gujarat Secondary Education Regulations would be governed by place of the school which issued the school leaving certificate. 8. Viewing differently, the school leaving certificate wrongly recording the date of birth was issued at Ahmedabad by the school at Ahmedabad. The petitioner's daughter studied at Ahmedabad. These are the bundle of facts constituting the cause of action. The cause of action therefore arose in Ahmedabad only. In that view also, the application could have been filed before court at Ahmedabad only. The Magisterial Court at Ahmedabad is thus the competent court whose jurisdiction has to be invoked. 9. For the aforesaid reasons, the impugned order cannot sustain in eye of law when it takes a view that the petitioner is required to file application before jurisdictional court on the basis of place of birth. Order dated 03.07.2014 passed by learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad in Criminal Misc. Application No. 510 of 2014, is hereby quashed and set aside. The matter is remanded to the court of learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad for deciding the same in accordance with law and on its own merits.
Order dated 03.07.2014 passed by learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad in Criminal Misc. Application No. 510 of 2014, is hereby quashed and set aside. The matter is remanded to the court of learned Additional Chief Metropolitan Magistrate, Court No. 6, Ahmedabad for deciding the same in accordance with law and on its own merits. The court concerned shall complete the exercise of deciding the case again and passing the order afresh as above within a period of six weeks from the date of receipt of this order. 10. It goes without saying that this court has not gone into merits of the case. Any observation in this order shall not be construed as an expression on merits. Rule is made absolute accordingly. Order accordingly.