LAWS(GJH)-2011-9-277

GOMTIBEN CHANDULAL PATEL Vs. STATE OF GUJARAT

Decided On September 29, 2011
GOMTIBEN CHANDULAL PATEL Appellant
V/S
STATE OF GUJARAT THRO GOVERNMENT PLEADER Respondents

JUDGEMENT

(1.) RULE. Mr. A.J.Desai, learned Assistant Government Pleader, waives service of notice of RULE on behalf of 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.) THE present petition under Article 226 of th Constitution of India has been preferred, with the prayer to issue appropriate directions to the respondent No.2 to correct the date of birth of the petitioner on her Birth Certificate.

(3.) MR.A.J.Desai, learned Assistant Government Pleader submits that in view of the judgment in Nitaben N.Patel v. State of Gujarat (Supra), the Competent Authority is vested with the power under Section 15 of the Act and Rule 11 of the Rules to make a correction in the date of birth and if respondent No.2 is the Competent Authority, he can exercise the said power.