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Bombay High Court

SURESH RAMBRIKSH GUPTAversusTHE STATE OF MAHARASHTRA THR THE SEC. SCHOOL EDU. AND SPORTS DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the technical ground of Rule 26.3 and Appendix Six cannot alone justify rejection; the application must be considered on its merits.

Summary

The petitioner sought correction of his minor son’s date of birth in the School Leaving Certificate, alleging the entry (11 December 2008) was erroneous and should read 11 December 2010 as per the birth certificate and Aadhar. The Deputy Director of Education rejected the application on the ground that Rule 26.3 and Appendix Six of the Secondary School Code prohibit changes after the student has left the school. The High Court examined prior decisions (Shaikh Shafi Ahmed Khadarsab and Kishor S/o Sukhdeo Walhekar) which held that those provisions are directory and that a post‑exit application may be entertained if bona‑fide and the original entry is shown to be wrong. Since the petitioner produced valid documentary proof of the correct date of birth, the Court found the rejection on a purely technical basis untenable. Accordingly, the February 2026 communication was set aside and the matter remanded to the education authority to consider the application on its merits within four weeks. No finding was made on the bonafide nature of the request and the writ petition was disposed of without costs.

Issues considered

  • Can an application for correction of date of birth in a school’s general register be entertained after the student has left the school?
  • Does Rule 26.3 and Appendix Six of the Secondary School Code bar such post‑exit corrections on a technical ground?
  • Must the authority consider the merits of the correction application despite the student’s exit from the school?

Subjects

  • date of birth correction
  • school leaving certificate
  • general register
  • Secondary School Code
  • Rule 26.3
  • technical ground
  • merits of application
  • writ petition

Judgment

                                                                                                                    19-wp-6331-2026.doc
                                                                                       Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA                               CIVIL APPELLATE JURISDICTION
SHANKAR
NIJASURE
Digitally signed by
JITENDRA SHANKAR
                                        WRIT PETITION NO.6331 OF 2026
NIJASURE
Date: 2026.07.09
15:05:43 +0530



                      Suresh Rambriksh Gupta                                                          …Petitioner

                             Versus

                      The State of Maharashtra & Ors.                                                 …Respondents

                                                               ----------
                      Mr. Rajiv Singh, Mr. K.C. Pandey for the Petitioner.
                      Ms. Mrunal Tavade, i/b. Little & Co. for the Respondent No.3 (SSC
                      Board).
                      M.S. Bane, AGP for Respondent Nos.1 and 2.
                                                               ----------



                                                               CORAM : R.I. CHAGLA AND
                                                                       FARHAN P. DUBASH, JJ.
                                                               DATE  : 7th JULY 2026

                      ORDER :


                      1.    Rule. Rule made returnable forthwith and by consent of

                      parties, the present Writ Petition is taken up for hearing.




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                                                                              Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




2.        The short question that arises for determination in the present

Writ Petition is whether an application for correction of date of birth

in the general register of a school can be entertained after the student

has left the school. This issue is squarely covered by not one, but

multiple judgments of our Court, including inter alia, the judgments

in Shaikh Shafi Ahmed Khadarsab v. State of Maharashtra & Ors. 1 and

Kishor S/o. Sukhdeo Walhekar v. The State of Maharashtra & Ors.2 .



3.                  The grievance of the Petitioner is that notwithstanding

the application made by him for correcting the date of birth of his

minor son, Mr. Deepak Suresh Gupta, in the School Leaving

Certificate dated 31st May 2025 issued by the Abhyudaya Nagar

Municipal Secondary School / Respondent No. 2, from 11 th December

2008 to 11th              December 2010, which application was, in turn,

forwarded by the Guru Nanak Khalsa College of Arts, Science and

Commerce / Respondent No. 5 vide their letter dated 17 th January

2026 to the Deputy Director of Education / Respondent No. 2, the

same was rejected by a communication dated 4 th February 2026 not
1    2012 (5) Mh.L.J 36
2    Order dated 7th January 2009 passed in Writ Petition No. 3319 of 2005


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                                                                Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




on merits, but instead on the ground that, as per Rule 26.3 and

Appendix Six of the Secondary School Code, such a change in the

School Leaving Certificate is not permissible after the student leaves

the school. As on date, admittedly the student, has passed out of

Respondent No. 4 school after completing his SSC in the year 2025

and is currently pursuing higher education in Respondent No. 5

college.



4.          Mr. Rajiv Singh, learned Counsel for the Petitioner has

taken us through the averments in the Petition and in particular, the

documents annexed thereto, including, inter alia, the Birth Certificate

of the student and also his Aadhar Card, both of which clearly reflect

his date of birth as 11th December 2010. Relying on these documents,

Mr. Singh submits that his application which sought change in the

date of birth of the student in his School Leaving Certificate, issued

on the basis of the entries made in the General Register of the school,

could not have been rejected by Respondent No. 2 only on the

technical ground of it having been made after the student left the

school without considering the application on its merits.

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                                                                Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




5.          A perusal of the judgments in Shaikh Shafi Ahmed

Khadarsab (supra) and Kishor S/o. Sukhdeo Walhekar (supra) reveal

that this Court has held that the instructions contained in paragraphs

26.3 and 26.4 and Appendix Six of the Secondary School Code are

merely directory in nature and not mandatory and an application

filed by a student for a change of an entry in the General Register of

the school such as the date of birth, can be entertained even after the

student has left the school, provided however, that such an

application is bonafide and the student is able to satisfy that the

original entry in the General Register of the school is erroneous. This

Court has further held that such an application can always be

rejected if the entry is not shown to be erroneous and wrong, but,

however, the same cannot be rejected without it being considered on

merits, only on the technical ground that it has been made after the

student has left the school. We are also in agreement with the ratio of

these judgments.



6.    In the present case, the Birth Certificate and the Aadhar Card

of the student, Mr. Deepak Suresh Gupta, reflects his date of birth as

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                                                                 Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




11th December 2010. None of the Respondents have disputed the

veracity of these documents. In light of the above-referred judgments

of this Court in Shaikh Shafi Ahmed Khadarsab (supra) and Kishor

S/o. Sukhdeo Walhekar (supra), Respondent No. 2 ought to have

considered the said application on its own merits and ought not to

have rejected it, only on the technical ground that the same was

made after the student left the school. Whilst considering the said

application, Respondent No. 2 would also have to be satisfied about

the merits of the case and the bonafides of the Petitioner.



7.    For these reasons, the communication dated 4th February 2026

is hereby set aside and the application which seeks change in the date

of birth of the student, Mr. Deepak Suresh Gupta, from 11 th December

2008 which appears in his School Leaving Certificate to 11 th

December 2010, is remanded back to Respondent No. 2 for

consideration on merits. The same shall disposed of within a period

of 4 weeks from the date of this order. We clarify that this Court has

not expressed any opinion as to whether the change sought by the

Petitioner is bonafide or proper.

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                                Order dated 7th July 2026
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                                                                Suresh Rambriksh Gupta v. The State of Maharashtra & Ors.




8.          Rule is made absolute to the extent indicated above and

the present Writ Petition is accordingly disposed of, with no order as

to costs.




       [FARHAN P. DUBASH, J.]                                                   [R.I. CHAGLA J.]



jsn.




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