Gujarat High Court
The Registrar, Birth And Death ... vs Bhalala Smit Sanjaybhai on 15 June, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/LPA/185/2023 ORDER DATED: 15/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 185 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 22027 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 185 of 2023
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THE REGISTRAR, BIRTH AND DEATH REGISTRATION DEPARTMENT,
SURAT MAHA NAGAR PALIKA
Versus
BHALALA SMIT SANJAYBHAI
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Appearance:
MR KAUSHAL D PANDYA(2905) for the Appellant(s) No. 1
MR AMIT P SOLIYA(10780) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. Kaushal D. Pandya for the appellant and learned advocate Mr. Amit P. Soliya for the respondent.
2. By order dated 03.01.2023 passed by the learned Single Judge in Special Civil Application filed by the respondent herein, it was directed to the respondent authority-appellant herein-Registrar of Birth and Death, to change the date of birth of the petitioner from 09.09.2003 to 09.07.2003 by making necessary correction in the register of birth and Page 1 of 4 Downloaded on : Sat Jun 17 20:38:19 IST 2023 C/LPA/185/2023 ORDER DATED: 15/06/2023 death.
2.1 Learned Single Judge observed that since such change deserves to be carried out "on the basis of the documents available on record", further direction was given to issue new birth certificate showing date of birth to be 09.07.2003.
2.2 The Registrar of Birth and Death became aggrieved by the aforesaid direction to impugn the same in the present Letters Patent Appeal filed under Clause 15 of the Letters Patent.
3. In the original petition, it was the case of the petitioner that the correct date of birth was 09.07.2003. It was the case that the documents such as School Leaving Certificate, Pan Card and Aadhar Card mentioned date of birth as 09.07.2003. Copies of the said identification documents were produced before the Registrar of Birth and Death evidencing the date of birth.
4. Learned Single Judge considered the said material aspect to allow the prayer in the petition to direct as above to the appellant authority. Appearing on behalf of the appellant-Registrar of Birth and Death, learned advocate Mr. Kaushal Pandya with unmatched vehemence submitted that the correction in the date of birth was not permissible in view of the provisions of section 15 of the Registration of Births and Deaths Act read with Rule Page 2 of 4 Downloaded on : Sat Jun 17 20:38:19 IST 2023 C/LPA/185/2023 ORDER DATED: 15/06/2023 11 of the Gujarat Registration of Births and Deaths Rules, 2004. He took the Court through the contents of the section.
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 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 Page 3 of 4 Downloaded on : Sat Jun 17 20:38:19 IST 2023 C/LPA/185/2023 ORDER DATED: 15/06/2023 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.
7. Accordingly, the Letters Patent Appeal is dismissed.
Civil Application would not survive in view of the disposal of the Letters Patent Appeal and is dismissed.
(N.V.ANJARIA, J) (J. C. DOSHI,J) BIJOY B. PILLAI Page 4 of 4 Downloaded on : Sat Jun 17 20:38:19 IST 2023