Gujarat High Court
Varshaben Bharatbhai Desai vs State Of Gujarat on 3 July, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/13912/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13912 of 2016
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VARSHABEN BHARATBHAI DESAI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR P P MAJMUDAR(5284) for the Petitioner(s) No. 1
MR. DHAWAN JAYSWAL, AGP, (1) for the Respondent(s) No. 1
MR. MASOOM SHAH with MR. DHRUVIN DOSSANI with MRS. NEHA
SHAH, for MR KI SHAH(766) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 03/07/2019
ORAL ORDER
[1] This petition is filed by the petitioner under Article 226 of the Constitution of India for quashing and setting aside the order dated 16.03.2016 passed by the respondent No.2- Registrar and Health Officer, Surat Municipal Corporation. The issue pertains to correction of date of birth.
[2] Learned advocate appearing for the petitioner submits that according to the petitioner, the correct date of birth is 10.07.1960, whereas in the record of the respondent- corporation as well as the birth certificate issued by the respondent-corporation, the date of birth is reflected as 19.07.1960. When such error came to the knowledge of the petitioner, an application came to be filed for correcting the date of birth which came to be rejected by the impugned order (Annexure-A).
[3] Learned advocate for the petitioner draws attention of this Court to various orders, wherein in similar set of circumstances, correction in the date of birth was permitted to Page 1 of 3 Downloaded on : Wed Jul 10 03:00:40 IST 2019 C/SCA/13912/2016 ORDER be carried out.
[4] Learned advocate for the respondent-corporation draws attention of this Court to the affidavit-in-reply filed on behalf of the respondent-corporation to indicate that the entries made in the birth register was based on the information given from the hospital, where the birth of the petitioner has taken place. It is also submitted that even the record of the hospital pertaining to the birth of the petitioner is also collected and produced on record which go on to indicate that the date of birth of the petitioner could not have been 10.07.1960, as claimed.
[5] The Court has considered the rival submissions and perused the documents placed on record. The contention of learned advocate for the petitioner is that there are several documents including the Government documents like school leaving certificate where the date of birth is reflected as 10.07.1960 and that being the correct date, the date of birth reflected in the record of the birth register ought to have been amended. It is submitted that Section 15 of the Births and Deaths Registration Act, 1969 clearly provides for correcting the error and therefore, the authority ought to have exercised its powers under Section 15 to show the correct date of birth.
[6] The Court has considered the affidavit-in-reply filed on behalf of the respondent-corporation alongwith which the corporation has annexed the register of birth which reflects the date of birth of the petitioner to be 19.07.1960. Moreover, the register maintained by the hospital, where the birth has taken place shows the date on which the mother of the petitioner was admitted in hospital on 19.07.1960 and discharged on 31.07.1960. In view of record produced before this Court and not controverted, the Court is inclined to accept the record so Page 2 of 3 Downloaded on : Wed Jul 10 03:00:40 IST 2019 C/SCA/13912/2016 ORDER produced and therefore, in view of this Court, the petitioner has failed to make out a case for correcting the error under Section 15 of the Act.
[7] In view of the aforesaid discussions, the present petition stands dismissed. Notice is discharged.
(A.Y. KOGJE, J) SIDDHARTH Page 3 of 3 Downloaded on : Wed Jul 10 03:00:40 IST 2019