19-wp-6331-2026.doc Suresh Rambriksh Gupta v. The State of Maharashtra & Ors. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6331 OF 2026 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. ------------------------------------------------- Order dated 7th July 2026 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.07.09 15:05:43 +0530 19-wp-6331-2026.doc 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 11th 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 17th January 2026 to the Deputy Director of Education / Respondent No. 2, the same was rejected by a communication dated 4th February 2026 not 1 2012 (5) Mh.L.J 36 2 Order dated 7th January 2009 passed in Writ Petition No. 3319 of 2005 ------------------------------------------------- Order dated 7th July 2026 19-wp-6331-2026.doc 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. ------------------------------------------------- Order dated 7th July 2026 19-wp-6331-2026.doc 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 ------------------------------------------------- Order dated 7th July 2026 19-wp-6331-2026.doc 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 11th December 2008 which appears in his School Leaving Certificate to 11th 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. ------------------------------------------------- Order dated 7th July 2026 19-wp-6331-2026.doc 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. ------------------------------------------------- Order dated 7th July 2026