Gujarat High Court
Shivani D/O. Dashrathbhai Prajapati ... vs State Of Gujarat on 9 April, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/4651/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4651 of 2019
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SHIVANI D/O. DASHRATHBHAI PRAJAPATI W/O RUSHABH RAMESHBHAI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR HARISH J SONI(5142) for the Petitioner(s) No. 1
MRS BHARGVI H SONI(6243) for the Petitioner(s) No. 1
MR MEET M THAKKAR, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 09/04/2019
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct date of birth of the petitioner.
2. It is the case of the petitioner that the Birth Certificate reflects the date of birth of the petitioner as '19.09.1994' whereas the real date of birth of the petitioner is '19.06.1994'. Learned Advocate for the petitioner states that the other documents pertaining to her date of birth like School Leaving Certificate, PAN Card, Aadhar Card, Passport and Driving License also reflects the date of birth of the petitioner as 19.06.1994.
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3. To remove this discrepancy, the petitioner had made an application to respondent No.2. However, the respondent No.2 refused to make correction in the Birth Certificate and passed the impugned order placing reliance on the Circular dated 18.02.2016 issued by the Chief Registrar, Birth-Death and Commissioner (Health), Department of Health & Family Welfare, on the ground that there is no clerical error or error in substance.
4. Learned Advocate draws attention of this Court to the judgment of this Court reported in Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and another decision by the Division Bench of this Court in the case of Vipulkumar Ramanlal Patel through POA Patel Ramanlal v. State of Gujarat in Letters Patent Appeal No.497/2012 in Special Civil Application No.2316/2012 dated 10.05.2019.
5. In identical facts situation, this Court in an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering the ratio of the aforesaid judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004.
6. In view of the aforesaid legal position, it would be appropriate to direct the respondent No.2 to re-consider the application of the Page 2 of 3 C/SCA/4651/2019 ORDER petitioner for rectifying the mistake and correcting the date of birth as mentioned in this petition, within a period of four weeks after receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioner.
7. With the aforesaid direction, this petition stands disposed of. Notice is discharged. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J) CAROLINE Page 3 of 3