DIPIKA ARVINDKUMAR PANCHOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this petition under Article 226 of the Constitution, petitioner challenges the action of respondent No.2, that is, the Registrar of Births & Deaths Registration Department, Navsari Municipality, in not acceding to the request of the petitioner in registering her name in the Birth Certificate by misinterpreting the provisions of the Registration of Births and Deaths Act, 1969 ('the Act' for short) and the Gujarat Registration of Births and Deaths (Amendment) Rules, 1985 ('the Rules' for short) and, therefore, prayed to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction by directing the respondent - authorities to register the name of the petitioner in the Births Register in Column No.1 of the Birth Certificate at Annexure -C to the petition by declaring the action and interpretation of the respondent - authorities to be illegal, arbitrary and unconstitutional.

(2.) The facts leading to the filing of the present petition briefly stated are as under:

(3.) The petition is contested by respondent No.1 State of Gujarat, by filing affidavit in reply which is sworn by A.S. Bhagat, Deputy Secretary , Health and Family Welfare Department, Sachivalaya, Gandhinagar, inter alia, denying all the averments made in the petition. It is stated that the petition does not deserve to be entertained as it is not maintainable. It is stated that the authority has taken the action as per the provisions of Section 14 of the Act read with Rule 11 of the Rules. It is stated that the registration of the birth event should be done within 14 days of time and in the present case the petitioner did it accordingly. However, the name of the child can be entered into within 12 months time from the date of registration without paying any fees while it can be entered into after 12 months but within a period of 15 years by paying late fee of Rs.2/It is therefore stated that as per the provisions of Rule 11 of the Rules the name can be entered into within a period of 15 years but in the present case the petitioner has approached the authority after 15 years to get her name entered into the Birth certificate and therefore the petition deserves to be dismissed. It is stated that all the Registrars of Births and Deaths in the State of Gujarat have been informed by the office of the Commissioner, Health Medical and Medical Services and Medical Department vide letter dated 31/12/1999 regarding the time limit for entering the name of the child within 15 years from the date of registration of birth, a copy of which is annexed as Annexure -I to the affidavit in reply. Under the circumstances, considering the provisions of the Act as well as the Rules, the petitioner is not entitled to get any relief as prayed for in the petition and hence the petition deserves to be dismissed and therefore it is prayed to dismiss the petition.