JATIN BHANUBHAI HIRAPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs,

(2.) Heard learned advocate, Mr. Hardik Muchhala for the petitioner and learned AGP Mr. R.B. Raval appearing for the respondent no.1. Though served, none appears for the respondent no.2.

(3.) Learned advocate for the petitioner referred to the averments made in the memo of petition and submitted that the name of the petitioner is wrongly recorded in the birth certificate as "Jitendra" instead of "Jatin". He further submitted that similarly, name of his mother is also wrongly recorded as "Anjanaben" instead of "Ajwaliben". It is submitted that when the petitioner came to know about the said mistake committed by the respondent no.2, he filed an application dated 13.10.2020 and along with the said application, the petitioner has produced relevant documents including school leaving certificate, marksheets of 10th and 12th Standard, Aadhar Card and affidavits. It is submitted that though the said documents were produced by the petitioner before the respondent no.2 along with the said application, the respondent no.2, without making any inquiry, rejected the said application on the ground that the respondent no.2 is not empowered to correct any mistake made in the birth certificate and while rejecting the application of the petitioner, the respondent no.2 has placed reliance upon the Circular dated 18.02.2016 issued by the concerned authority. The petitioner, therefore, filed present petition.