Gujarat High Court
Raginibahen vs Regional on 22 October, 2010
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/14016/2010 2/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14016 of 2010
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RAGINIBAHEN
BHUPESH PATEL - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER - Respondent(s)
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Appearance
:
MR
YH VYAS for
Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/10/2010
ORAL
ORDER
Heard learned advocate Mr. YH Vyas on behalf of petitioner.
In facts of present case, date of birth of petitioner, which recorded in Birth Register as 2/10/1968 is correct date of birth but wrongly it has been recorded as 1/6/1968 in School Leaving Certificate. Therefore, it require to be corrected. Accordingly, in passport also date of birth is recorded on the basis of School Leaving Certificate but real date of birth recorded in Birth Register as 2/10/1968.
In light of aforesaid facts, petitioner who has passed SSC examination. Therefore, first petitioner has to correct date of birth while approaching Magistrate Court under Regulation 12(A)(6) of Gujarat Secondary Education Regulation. The petitioner must have to obtain certificate from Magistrate Court in respect to correct date of birth based on Birth Register. Thereafter, petitioner has to approach Secretary, Gujarat Secondary Education Board for correcting date of birth in School Leaving Certificate as well as in mark sheet and then petitioner has to approach Passport office for correcting date of birth in Passport.
The similar aspect has been examined by Division Bench of this Court in report decision in case of Regional Passport Officer Vs. Jaswantlal Panchal & Ors reported in 2009 (2) GLR 1246. The relevant discussion made 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 authorised 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.
This aspect is also examined by this Court reported in 2008 (1) GLR 884.
In light of this back ground, let petitioner may approach to Magistrate Court by filing necessary application for require certificate from Magistrate Court on the basis of Birth Register within a period of one month from date of receiving copy of present order. As and when, Magistrate Court receive such application from petitioner, it is directed to Magistrate Court to verify correct date of birth of petitioner, which recorded in Birth Register is found to be correct or not? And also to consider other original record and then to pass appropriate reasoned order within a period of two months from date of receiving copy of such application from petitioner.
After receiving order from Magistrate Court, petitioner has to approach Secretary, Gujarat Secondary Education Board by giving application to correct date of birth in School Leaving Certificate as well as in mark sheet within a period of one month from date of receiving copy of order passed by Magistrate Court. As and when, Secretary, Gujarat Secondary Education Board, receive such application from petitioner, it is directed to Secretary, Gujarat Secondary Education Board to consider an application made by petitioner and also order passed by Magistrate Court and then to pass appropriate reasoned order within a period of one month from date of receiving such application from petitioner and communicate decision to petitioner immediately.
After receiving such order from Secretary, Gujarat Secondary Education Board, petitioner has to approach Regional Passport Office for correcting date of birth which recorded in Passport on the basis of order passed by Magistrate Court as well as Secretary, Gujarat Secondary Board with a request to correct date of birth recorded in passport.
As and when such request is made to Regional Passport Office, it is directed to consider it and correct date of birth in passport of petitioner as early as possible within a period of one month from date of receiving such application from petitioner and communicate decision to petitioner immediately.
In view of above observation and directions, present petition is disposed of without expressing any opinion on merits. Direct service is permitted.
(H.K.RATHOD, J) asma Top