← Library
Bombay High CourtWP/9461/2024disposed off

Pravin Janardhan Yashwante v. The State Of Maharashtra Through Secretary And Others

2024-09-03Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:20852-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO. 9461 OF 2024 PRAVIN JANARDHAN YASHWANTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS Mr.A.N.Sabnis, Advocate for the Petitioner.

Mr.A.B.Girase, Government Pleader for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : SEPTEMBER 3, 2024 PER COURT :

1.

The Petitioner is a 41 years old adult, who is in private employment ( details are not set out in the Petition). 2.

The Petitioner's date of birth, as recorded in the School Pravesh Nirgam (izos'k fuxZeu jftLVj) Register maintained by the Maharashtra State Education Department, indicates his date of birth as 01.01.1970. In June 1985, he was in the 9th standard in the Matsyodari Vidyalaya, Ambad. This means he was 15 years and 6 months old in the 9th standard. 3.

The Petitioner has produced a birth certificate obtained by his father, purportedly on 11.07.1996, from the Aurangabad Municipal khs/Sep.2024/9461

- 2 - Corporation - Health Department. According to the said birth certificate, the Petitioner is said to be born on 26.09.1972 and the date of registration is Sept.1972. The birth certificate is issued on 11.07.1986. Be that as it may, even if it is assumed for the sake of assumption that, the Petitioner was born on 26.09.1972, in June 1985, the Petitioner would be 12 years and 9 months old in the 9th standard. Meaning thereby that, the Petitioner was admitted in school when he was 3 years and 9 months old.

4.

In view of the above, on pre-ponderance on the principles of probabilities and the school record indicating the date of birth as recorded when this Petitioner was admitted in school, we do not find any reason to entertain this Petition and more so, in the light of the conclusions of the learned Full Bench in paragraph No.39 (a to d) delivered in Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and Others [2019(6) Mh.L.J. 769].

5.

This Writ Petition is, therefore, dismissed.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Sep.2024/9461