BALDEVBHAI ATMARAM LIMBACHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Hardik Soni, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is being heard and finally decided today.

(2.) This petition, under Article 226 of the Constitution of India, has been preferred, with the following prayers:-

(3.) Briefly stated, the facts of the case are that the petitioner was born on 01.03.1949. However, the date of birth of the petitioner was wrongly registered as 01.11.1949, instead of 01.03.1949. The correct date of birth of the petitioner i.e. 01.03.1949, has been reflected in the School Leaving Certificate, Pan-Card and Passport of the petitioner. The petitioner is a Government Servant and even in the Service Book of the petitioner, 01.03.1949 has been mentioned as his date of birth. The petitioner has already retired from service on attaining the age of superannuation, in the year 2007. It is stated in the petition that initially, the name of the petitioner was shown as Baldevbhai Atmaram Nayi. The petitioner made an application for change of his name to Baldevbhai Atmarambhai Limbachia, which was granted and his name was changed accordingly. The same was also notified in the Government Gazette. Being desirous of travelling to the United State of America, the petitioner collected necessary documents, and upon realizing that there was a discrepancy in the date of birth recorded in his birth certificate, he submitted an application to respondent No.2-Mamlatdar, Kadi for correction of the date of birth. Respondent No.2 rejected the application on the ground that no power vests in him to make a correction in the date of birth, as recorded in the Births and Deaths Register. Hence, the petition.