Gujarat High Court
Patel vs Regional on 7 September, 2010
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/10150/2010 8/ 8 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10150 of 2010
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PATEL
NAGINDAS AMBALAL - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER & 1 - Respondent(s)
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Appearance
:
MR
TEJAS M BAROT for
Petitioner(s) : 1,
MR PS CHAMPANERI, Asstt. Solicitor General for
Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/09/2010
ORAL
ORDER
Heard learned advocates appearing on behalf of respective parties.
According to facts of this case, petitioner was born at Jitodia, District Anand on 21st April 1950, which was duly entered in the register of Births maintained by Jitodia Gram Panchayat, but, by mistake, in School Leaving Certificate, his date of birth is recorded as 28th April 1950. At the time of making application for obtaining passport, school leaving certificate was produced by petitioner before passport officer and relying upon date of birth recorded in school leaving certificate, date of birth of petitioner is recorded as 28th April 1950 in passport, not as 21st April, 1950, because, at the relevant time, copy of birth register is not produced by petitioner before passport officer. Therefore, application, Page 11, which has been made by petitioner to passport officer with a request to change directly date of birth recorded in passport on the basis of birth register Annexure 'E' dated 6th July 2010 remained without answer by passport officer.
The prayer made by petitioner is to direct passport officer to correct his date of birth recorded in passport on the basis of birth register without making any change in school leaving certificate. For that, he relied upon observations made by Division Bench of this Court in Letters Patent Appeal No.1496 of 2009 in Special Civil Application No.13568 of 2008 with Civil Application No.8428 of 2009 dated 1st September, 2009, which are as under :
We are of the opinion that issue raised in this petition is already covered by decision of Division Bench of this Court in Letters Patent Appeal No.1673 of 2006 and connected matters decided on 5.12.2008. We have already held that Registrar functioning under the Registration of Births and Deaths Act, 1969 is the competent authority to carry out correction in the date of birth. The petitioner has accordingly approached the Registrar and got corrected his date of birth as 18.01.1983. We fail to see why the Certificate issued by the Registrar functioning under the above-mentioned Act, cannot be accepted.
The aforesaid observation made by Division Bench of this Court is not applicable to the facts of present case, because, in this case, at the relevant time of obtaining passport, petitioner has not produced birth certificate given by Registrar of Births and Deaths, but, school leaving certificate was produced and before producing school leaving certificate, date of birth is not corrected in school leaving certificate on the basis of date of birth recorded in Birth Register. Therefore, naturally, passport is issued by authority on the basis of date of birth recorded in school leaving certificate. Now, petitioner wants to change date of birth in passport as per his birth certificate. For that, petitioner must have corrected the date of birth mentioned in school leaving certificate issued by school authority first and thereafter to place on record the birth register where date of birth is tallied with school leaving certificate then passport officer may correct it. For that, the relevant discussion is made in case of Regional Pass Port Officer v. Kokilaben reported in 2009(2) GLR 1246. The relevant discussion is made in such situation which is to be carried out by petitioner in Para 9 to 12 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 light of aforesaid observations made by Division Bench of this Court in reported decision as referred above, let petitioner may approach the appropriate authority first for correcting date of birth in school leaving certificate on the basis of birth date recorded in birth register and thereafter, petitioner has to produce school leaving certificate, where, date of birth is corrected by appropriate authority and on that basis, passport officer may consider such application which will be made by petitioner.
Therefore, on the basis of aforesaid observations made by this Court in light of the of facts of present case, let petitioner may approach appropriate authority for the same.
In view of above observations, present petition is disposed of by this Court without expressing any opinion on merits.
[H.K. RATHOD, J.] #Dave Top