Bombay High Court

PRAKASH MAHADEO HIPPARKARversusTHE STATE OF MAH. THR. PRINCIPAL SEC. SCHOOL EDUCATION SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.

Disposal: Dismissed

Holding

The petition for correction of date of birth was dismissed as the court declined to entertain it after the petitioner’s retirement.

Summary

The petitioner, a retired assistant teacher, sought a correction of his date of birth in his service record from 2 June 1968 to 20 October 1970, alleging that the original birth certificate showed the latter date. He had repeatedly informed his employer of the discrepancy through letters from 2002 onward and obtained a copy of the birth certificate in 2024. The petition was filed two days before his retirement on 28 June 2026. The court noted that correction of a birth certificate at the end of the petitioner’s service is not permissible and observed that the petitioner had not approached the court earlier despite making representations. Consequently, the court declined to entertain the petition, disposing of it without granting relief.

Issues considered

Whether a writ petition for correction of date of birth in a service record can be entertained after the petitioner has retired.
Whether the law permits correction of a birth certificate at the late stage of a service tenure.

Subjects

correction of service record
birth certificate correction
retirement
writ petition
limitation

Judgment

47-WP-3031-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3031 OF 2026

Prakash Mahadeo Hipparkar ...Petitioner.
Versus
The State of Maharashtra and Others ...Respondents.
——————
Mr. Gautam R. Kulkarni with Mr. Rahul S. Rane, for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondents-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 29, 2026.
P. C. :

1. The Petitioner seeks correction of date of birth in service record

of the Petitioner from 2nd June 1968 to 20th October 1970.

2. The Petitioner was appointed as an ‘Assistant Teacher’ vide

appointment order dated 9th June 1998 and has continuously worked

with the Respondent No.5-School. It is pleaded that in the year 2002,

the Petitioner searched his records and found out that his original birth

date is 20th October 1970 and not 2nd June 1968. The Petitioner

informed the Respondent No.5 about change of date of birth by letter

dated 4th May 2002 and again send reminders on 11 th October 2004 and

21st August 2007. It is pleaded that the Petitioner continuously pursued

the issue of necessary correction in the service record. In the year 2024,

the Petitioner sought information with regard to the Birth Register of

Gaikwad RD 1 of 2
47-WP-3031-2026.doc

the Petitioner and received the copy of the birth certiicate and

thereafter, on 30th April 2026 again addressed a letter to the

Headmaster, Zilla Parishad, School to cross-verify about the discrepancy

in the Birth Certiicate. Subsequent letters were addressed. The

Petitioner retired by superannuation on 30th June 2026 and two days

prior to the retirement on 28th June 2026, the present petition has been

iled.

3. It is well settled position in law that correction in the Birth

Certiicate cannot be permitted at the fag end of the Petitioner’s

tenure. Thought it is sought to be stated that the representations were

made in the year 2002 onwards and thereafter continuously, no steps

were taken by the Petitioner to approach the Court and obtain

necessary relief. As the Petitioner has now superannuated, we are not

inclined to entertain the present petition.

4. The Petition stands disposed of.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.31
12:28:44
+0530

Gaikwad RD 2 of 2

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