Gujarat High Court
Rajeshkumar Manilal Patel vs State Of Gujarat on 6 October, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/13004/2023 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13004 of 2023
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RAJESHKUMAR MANILAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR KEYUR A VYAS(3247) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 06/10/2023
ORAL ORDER
1. Heard Mr. Keyur A. Vyas, the learned advocate appearing for the petitioner, Ms. Tanushree Shrimal, the learned AGP appearing for the respondent No.1 - State and Mr. Vishal V. Dave, Statistical Assistant, Kadi Taluka Panchayat, Dist. Mehsana appearing for the respondent No.2.
2. Issue Rule, returnable forthwith. Ms. Tanushree Shrimal, the learned AGP waives service of notice of Rule on behalf of the respondent No.1 and Mr. Vishal V. Dave, Statistical Assistant, Kadi Taluka Panchayat, Dist. Mehsana waives service of notice of Rule on behalf of the respondent No.2 authority.
3. By way of this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the Page 1 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined following reliefs :-
"(A) This Honorable Court may be pleased to admit writ petition.
(B) The Honorable Court may be pleased to issue a writ of mandamus or any writs, order or direction, directing to quash and set-aside the impugned communication/ decision dated 26.06.2023 issued by the respondent no.2 (Annexure-D) and further be pleased to direct the respondent no.2 authority to issued fresh Birth Certificate to the petitioner after making necessary correction in the Birth Registration book as per the provision of the Birth and Registration Act.
(C) Pending, hearing and final disposal of this writ petition, the Honorable Court may be please to direct the respondent no. 2 authority to issued a fresh Birth Certificate to the petitioner after making necessary correction in the Birth Registration book as per the provision of the Birth and Registration Act.
(D) Such other and further reliefs as and deemed fit in the facts and circumstances of this case may kindly be granted."
4. The petitioner herein has filed present petition being aggrieved by the impugned order/communication dated 26.6.2023 passed by the respondent No.2 authority wherein the application filed by the petitioner herein dated 13.6.2023 Page 2 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined seeking change in the birth date of the petitioner from "9.5.1968 to 1.3.1968" and correct the name of the petitioner from "Babo to Rajeshkumar" in the birth certificate came to be rejected on the ground to produce the order of the competent Court on record.
5. Mr. Keyur A. Vyas, the learned advocate appearing for the petitioner submitted that the petitioner herein preferred an application dated 13.6.2023 before the respondent No.2 authority seeking change in the birth certificate of the petitioner. The said application was accompanied by Birth Certificate issued by the Authority, Copy of School Leaving Certificate, Copy of Aadhar Card and Copy of Passport wherein the birth date of the petitioner is mentioned as "1.3.1968"
and name of the petitioner is mentioned as "Rajeshkumar".
6. Mr. Vishal V. Dave, Statistical Assistant, Kadi Taluka Panchayat, Dist. Mehsana appearing for the respondent No.2 is present before the Court and on instructions stated that the respondent No.2 will consider the said application dated 13.6.2023 seeking the aforesaid changes within a period of four weeks.
7. Considering the facts of the present case, it is apposite to refer to Section 15 of the Registration of Births and Deaths Page 3 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined Act, 1969 and Rule 11 of the Registration of Births and Deaths Rules, 2004, which read thus:-
"15. Correction or cancellation of entry in the register of births and deaths.--If 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 corrected or cancelled correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation."
Rule 11 of the Rules of 2004 reads thus :-
"Rule 11. Correction or cancellation of entry in the register of births and deaths:
(1) If it is reported to the Registrar that a clerical or formal, error has been made in the register, or if such error is otherwise noticed by him and if the Register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in section 15 of the Act and shall send an extract of the entry showing the error and how it has been corrected to the District Registrar of Births and Deaths.
(2) In the case referred to in subrule (1) if the register is not in the possession, the Registrar, he/she shall make a report to the District Registrar of Births and Deaths and call for the relevant register and after inquiring into the matter, if he is satisfied that any such error has been made, make the necessary correction.
(3) Any such correction as mentioned in sub rule (2) shall be countersigned by the District Registrar of Births and Deaths when the register is received from the Registrar.
(4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 of the Act upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.
(5) Notwithstanding anything contained in sub rule (1) and sub rule (4), the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the District Registrar of Births and Deaths.
(6) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly, he shall make a report giving necessary details to the Page 4 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined 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.
(7) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under section 8 or section 9 of the Act.... "
8. It is apposite to refer to the ratio laid down in the decision dated 15.6.2023 in the case of The Registrar, Birth and Death Registration Department vs. Bhalala Smit Sanjaybhai delivered in the Letters Patent Appeal No.185 of 2023, wherein it has observed in paragraph 5 and 6 as under:
"5. As noted above, learned Single Judge was satisfied, more particularly having regard to the authenticate documents such as Pan Card, School Leaving Certificate and Aadhar Card, which showed the date of birth of the petitioner to issue the direction in exercise of powers under Article 226 of the Constitution. They were the documents which could form valid basis of correcting the date of birth as recorded in these documents, which included School Leaving Certificate.
5.1 Even otherwise, the provisions of section 15 of the Act permits the correction. It says that if it is proved to the satisfaction that the entry in the birth or death register is erroneous and required to be corrected, the error could be corrected.
5.2 When the statutory provision permitted such correction Page 5 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined and learned Single Judge found on merits that such correction was justified, no submission at the end of Registrar of Birth and Death could hold good.
5.3 It was contended that the petitioner approached with the prayer to correct the date of birth after 19 years. Not only that, the learned Single Judge has taken into account the said aspect and it was on the basis of the authenticate documents, the correction was permitted. The petitioner was entitled to seek such correction even after passage of time.
6. While the order passed by the learned Single Judge could be said to be eminently proper and legal, when the Registrar of Birth and Death has chosen to challenge the said order, this Court prima facie finds that it is extremely doubtful whether the authority-Registrar of Birth and Death can be said to be party interested.
6.1 In view of the above observation and discussions, the order passed by the learned Single Judge is upheld."
9. It is apposite to refer to the ratio laid down in the case of Nitaben Nareshbhai Patel Vs. State of Gujarat , reported in 2008 (1) GLR 884, wherein it has observed in paragraph 6.6 and 6.7 as under:
"6.6 In view of above position of law, it cannot be said that when the petitioner has made an application for correction of entry in the date Page 6 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined of birth etc. which was recorded at the relevant time, merely because the date of birth sought to be corrected is later in point of time by three months than the originally recorded, the authority cannot exercise powers under Section 15 of the Act read with Rule 11 as above. It has to consider whether the entry in the birth date is correct or can be cancelled and denied after making inquiry and after going through relevant material which may be produced by the petitioner or which the competent authority may call for satisfying itself. It is entirely not germane to say that there was a gap of three months between old birth date and new birth date so as to refuse to exercise power on that count.
6.7 In view of above, the competent authority respondent No.2 herein has to exercise his powers so as to consider the merits of the request of the petitioner for correction of date of birth as well as corrections in the name of mother and the name of grandfather. The respondent No.2 has got powers for correction in relation to the entries and the name also and such correction or cancellation also comes within the purview of the powers under Section 15 of the Act. In the facts and circumstances of the case, necessary directions are required to be issued to respondent No.2 authority to consider and decide the case of the petitioner again by giving due regard to the material which may be produced by the petitioner."
10. Considering the facts of the present case and position of law as referred above, in the opinion of this Court, the respondent authority has ample power under Section 15 of the Act to carry out the changes as prayed for by the petitioner herein.
11. This Court has perused the documents which are produced on record i.e. Copy of School Leaving Certificate, Copy of Aadhar Card and Copy of Passport wherein birth date of the petitioner is mentioned as "1.3.1968" and name of the petitioner is mentioned as "Rajeshkumar". The impugned order/communication dated 26.6.2023 passed by the respondent No.2 authority is hereby quashed and set aside considering the statement made by Mr. Vishal V. Dave, Statistical Assistant, Page 7 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023 NEUTRAL CITATION C/SCA/13004/2023 ORDER DATED: 06/10/2023 undefined Kadi Taluka Panchayat, Dist. Mehsana appearing for the respondent No.2. The respondent authority is directed to decide the application of the petitioner seeking correction in the birth certificate dated 13.6.2023 taking into consideration provisions of the Act and law as laid down by this Court within a period of four weeks from the receipt of this order taking into consideration Section 15 of the Act, Rule 11 of the Rules, 2004.
12. The present petition is allowed to the aforesaid extent. Rule made absolute to the aforesaid extent. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 8 of 8 Downloaded on : Fri Oct 13 20:31:32 IST 2023