Gujarat High Court
Patel vs State on 30 September, 2010
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/12873/2010 2/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12873 of 2010
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PATEL
SHEFALI NATVARLAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
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Appearance
:
MR
KETAN I ACHARYA for
Petitioner(s) : 1,MRSBKACHARYA for Petitioner(s) : 1,
Ms. Jirga
Jhaveri, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/09/2010
ORAL
ORDER
Heard learned Advocate Mr. Ketan I. Acharya for petitioner and Ms. Jirga Jhaveri, learned AGP for respondent State Authority.
In facts of present case, date of birth recorded in school leaving 24th September, 1982 is correct but by mistake, in birth certificate, it has been recorded as 29th April, 1982 which is required to be corrected by Registrar of Birth and Death Department respondents no.2,3. In view of these facts, petitioner wants to change date of birth recorded in birth register on the basis of birth date recorded in school leaving certificate.
In case of Misrikhan Dilavarkhan Pathan versus (The) State of Gujarat Through Secretary and others, 2008(1) GLH 683, view has been taken by this Court that in such circumstances, petitioner has to approach civil court/magistrate court for getting corrected date of birth recorded in school leaving certificate based on birth certificate.
Recently, this aspect has also been examined by Division Bench of this Court in case of Regional Passport Officer versus Kokilaben, 2009(2) GLR 1246, para 9 to 12. Relevant Para 9,10,11 and 12 of said decision are quoted as under:
9. We may indicate that Registration of Births and Deaths Act, 1969 was enacted to provide for births and deaths and matters connected therewith, which came into force with effect from 1.4.1970. Chapter 3 of the Act provides for registration of births and deaths and Section 13 is pertaining to delayed registration of births and deaths. Sub-section (3) of Section 13 empowers a Magistrate of the First Class to pass an order in case if birth or death is not registered within one year by its occurrence. Initial registration of births and deaths within a period of one year remain with the authority as provided under sub-section (1) and sub-section (2) of Section 13 of the Act. Section 15 of the Act deals with correction or cancellation of entries in the register of Births and Deaths.
Section 15 of the Act, read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 provides for detailed procedure to be followed. It says where it is proved to the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be or cancel the entry by suitable entry in original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Thus, it is clear that if it is proved to the satisfaction of the Registrar that entry being erroneous in the register of births and deaths, and it has been fraudulently or improperly made, he can make a report giving necessary details to the officer authorized by the Chief Registrar by general or special order in this behalf under Section 25 of the Act and on hearing from him, take necessary action in the matter. Learned Single Judge of this Court in Nitaben Nareshbhai Patel Vs. State of Gujarat 2008 (1) G.L.R 884 elaborately considered the scope of above mentioned provisions, and the learned Single Judge also examined at length the provisions of Gujarat Secondary Education Act, 1972 and Gujarat Secondary Education Regulation, 1974. With regard to the change of date of birth entered in the school record, referring to Regulation 12(A), it was stated that if the student has actually left the school, no change can be effected in the record of the school. For making a change in the name, as provided under Regulation 12(5)(1), an application in prescribed proforma with certain documents as narrated in Regulation 5(1)(A) to (D) are required to be submitted. Regulation 12(6) deals with correction of date of birth, which is permissible only when student is studying in the school, and thereafter it can be corrected by the concerned Magistrate of First Class, upon proof of correct birth date.
10. Reference may also be made to the order passed by the Division Bench of this Court in Letters Patent Appeal No. 699 of 2003 in Special Civil Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others, referring to Gujarat Secondary Education Regulation, this Court took the view that the only remedy available to the party with regard to correction of date of birth/place of birth is to approach the authority for redressal of his grievance as provided under Section 13 of the Act.
11. The above discussion would amply show that for carrying out correction of date of birth or place of birth or name, powers have been conferred under the Act on the Registrar as well as the Judicial Magistrate, as the case may be, and also Magistrate First Class when the correction is sought to be made in school record, which is governed by Gujarat Secondary Education Act, 1972 and Regulation framed thereunder.
12. We are therefore, clearly of the view that Passport Authorities are not expected to make their own independent enquiry when there is a dispute or difference with regard to the date of birth, place of birth or name entered in the Passport, especially when entries were once made on the basis of records produced by the Passport holder. If there is any mistake on the records already produced, based on which entries were already made, then it is for the party who seeks correction to produce documents after carrying out necessary correction by the concerned statutory authorities, Judicial Magistrate or the Civil Court, as the case may be. Passport Authorities are always competent to direct the parties to produce relevant documents either from the authorities functioning under the Births and Deaths Register or from the Judicial Magistrate or from the Civil Court, as the case may be. On production of corrected documents, Passport Authorities will immediately carry out necessary correction in the Passport.
In view of observations made by Division Bench of this Court, petitioner is having remedy to approach registrar of Birth and Death, respondent NO.3 Nagarpalika or to approach civil court/magistrate court for changing date of birth recorded in birth register on the basis of school leaving certificate. Therefore, let petitioner may approach either Registrar of Birth and Death Department or civil court/magistrate court by making necessary application. In support of such application, original document is required to be produced by petitioner before such authority within period of one month from date of receiving copy of present order. As and when such application made by petitioner is received either by Registrar of Birth and Death Department or the civil court/magistrate court, then, it is directed to such concerned authority to consider such application made by petitioner and inquire/investigate into the matter and to find out date of birth recorded in school leaving certificate 24th September, 1982 is correct or not and thereafter to pass appropriate reasoned order while considering decision of Division Bench of this Court as well as decision of this court reported in 2008(1) GLR 884 and then to pass appropriate reasoned order after finding out correct date of birth of petitioner and accordingly make correction in birth register within three months from date of receiving such application from petitioner and decide application in accordance with law and communicate decision immediately to petitioner.
In view of these observations and directions, this petition is accordingly disposed of without expressing any opinion on merits. DSP.
(H.K. Rathod,J.) Vyas Top