PATEL SHILPABEN PRAVINKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though served, the respondent No.2 has chosen not to appear before this Court. The Court, by the order dtd. 25/11/2021 had issued notice making it returnable on 17/12/2021. Thereafter, the matter has been adjourned on various occasions. Rule. Learned AGP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The brief facts of the case are that the petitioner was born at Village Dhamanva, Taluka Visnagar, Dist. Mahesana on 30/9/1978 and her father's name is Tribhovanbhai Babaldas Patel. However, mistakenly, her date of birth is registered as 30/7/1978 and father's name is registered as Tribhovandas in the register of Dhamanva Gram Panchayat on 10/8/1978. At the time of applying for visa, the petitioner proceeded to get her Birth Certificate from Dhamanva Gram Panchayat and she received the same on 2/11/2020 showing incorrect date of birth as 30/7/1978 in column No.3 instead of 30/9/1978. The petitioner came to know from her parents that her original date of birth is 30/9/1978 and all other documents and identity proofs are showing her actual date of birth as 30/9/1978 only. The petitioner declared the said fact by affirming an affidavit showing her correct date of birth as 30/9/1978 on a stamp paper. The date of birth mentioned in the Birth Certificate issued by the respondent No.2 is incorrect. She has also tendered an application to the respondent No.2 to make such correction in her Birth Certificate by relying upon the Government record.

(3.) Learned advocate for the petitioner has submitted that the family members and their community members are aware of the date of birth of the petitioner as 30/9/1978 and hence, she is requesting to include the same in the Birth Certificate.