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High Court of Gujarat

BHOLABHAI HIRABHAI BAMBHANIAversusTHE COMMISSIONER OF SCHOOLS

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court directed the respondents to decide the pending application by 20 February 2026, without adjudicating the correctness of the birth date.

Summary

The petitioner, Bholabhai Hirabhai Bambhania, filed a special civil application seeking a writ of mandamus to compel the Commissioner of Schools and other respondents to decide an application dated 26‑12‑2005 for correction of his birth date in his service book. The application had remained pending for nearly twenty years. The High Court observed the undue delay and directed the respondents to pass a reasoned order on the application by 20 February 2026, without expressing any view on the correctness of the birth date. No costs were awarded. The petition was consequently disposed.

Issues considered

  • Whether a writ of mandamus can be issued to compel the decision of a pending application for correction of service records after a prolonged delay
  • Whether the court may order a specific deadline for the respondents to decide the application

Subjects

  • mandamus
  • service book correction
  • birth date correction
  • administrative law
  • delay
  • writ petition
  • Gujarat High Court

Judgment

     C/SCA/6756/2025                               ORDER DATED: 29/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 6756 of 2025

==========================================================
                    BHOLABHAI HIRABHAI BAMBHANIA
                                Versus
                 THE COMMISSIONER OF SCHOOLS & ORS.
==========================================================
Appearance:
MR PRIYANK V PANDYA(10705) for the Petitioner(s) No. 1
MR SUBRAMANIAM IYER(2104) for the Petitioner(s) No. 1
MR ADITYA DAVDA, GOVERNMENT PLEADER for the Respondent(s) No.
1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 29/01/2026

                               ORAL ORDER


1.    Heard, learned Advocate, Mr. Pandya, for the petitioner
and learned AGP, Mr. Davda, for the Respondents.


2.    By way of this petition, the petitioner has prayed for
the following reliefs;


              “5. In the aforesaid facts and circumstances, the
              petitioner prays that the Hon’ble Court be pleased to issue a
              writ of Mandamus or any other appropriate writ or order-

              (A) Directing the Respondent No.1 and/or Respondent
              No.2 to decide the application Annexure-F dated 26-12-2005
              submitted by the petitioner for carrying out correction of
              Birth Date in service book of the petitioner and carry out
              necessary correction in the service book by deleting
              incorrect birth date (3-4-1971) and incorporating correct
              birth date (3-4-1978) and communicate the decision of the
              petitioner are the earliest.

                                  Page 1 of 2
        C/SCA/6756/2025                                                    ORDER DATED: 29/01/2026




                   (B) Any other relief deemed fit to meet the ends of justice
                   may be granted.”


 3.        As can be seen from the prayers made by the petitioner
 in this petition, the application dated 26.12.2005 made by
 him to Respondent Nos. 1 and 2 has remained undecided
 for almost 20 years and therefore, Respondent Nos. 1 and 2
 are directed to decide the application dated 26.12.2005 at
 the earliest, but, in any case not later than 20th February,
 2026, in accordance with law, by passing a reasoned order.


 3.1       With the aforesaid directions and observations, this
 petition stands disposed of. It is clarified that this Court
 has not opined anything about the correctness of the date of
 birth of the petitioner. No order as to costs.


                                                                               (NIRZAR S. DESAI,J)
 UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 29/01/2026 17:49:19




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