PATEL ANAJANABEN BHARATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner was born on 22.06.1970 at Kalol and her birth was registered at the office of the Registrar of Birth and Death in Kalol Nagar Palika. As per the entry of birth certificate, her date of birth was wrongly mentioned as 22.08.1970 instead of 22.06.1970. On account of this mistake, which has occurred, a request was made to correct her birth date, vide application dated 24.08.2020. However, despite the fact that the copies of the documents, like Aadhar Card, PAN card, Election Card, School Leaving Certificate, etc. have been shown to the authority, vide letter dated 26.8.2020, the respondent authority has indicated that by virtue of the Government Resolution, no such correction is permissible, which has constrained the petitioner to approach this Court byway of the present petition.

(3.) At the outset, learned advocate Mr. J.M. Nayak appearing on behalf of the petitioner has submitted that the respondent authority while issuing the communication dated 26.8.2020, has not examined the issue from the other relevant material produced before him and further has not granted any opportunity to the petitioner and apart from that, Mr. Nayak has submitted that by virtue of Section 15 of the Births & Deaths Registration Act , 1969 ('the Act' for short), the respondent authority is enjoying a power to correct the error, if committed, and such power is sufficiently investing the discretion in the authority to rectify the mistake. For this contention, Mr. Nayak has also relied upon the following decisions of the High Court:-