PATEL PRAVINBHAI KESHAVLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 Ganeshpura, Taluka Kadi, Dist. Mahesana on 1/6/1976 however, mistakenly, his date of birth is registered as 10/12/1976 in the register of Ganeshpura Gram Panchayat on 14/12/1976. At the time of applying for visa, the petitioner proceeded to get his Birth Certificate from Ganeshpura Gram Panchayat and he received the same on 15/10/2003 showing incorrect date of birth as 10/12/1976 in column No.3 instead of 1/6/1976. The petitioner came to know from his parents that his original date of birth is 1/6/1976 and all other documents and identity proofs are showing his actual date of birth as 1/6/1976 only. The petitioner declared the said fact by affirming an affidavit showing his correct date of birth as 1/6/1976 on a stamp paper. The date of birth mentioned in the Birth Certificate issued by the respondent No.2 is incorrect. He has also tendered an application to the respondent No.2 to make correction in his Birth Certificate by relying upon the Government record.

(3.) Learned advocate for the petitioner Ms.Patel has submitted that the respondent No.2 gave written reply to the application of the petitioner that he has no power to change the birth certificate under the norms of the Act. She has submitted that the family members and the community members are aware of the date of birth of the petitioner as 1/6/1976 and hence, he is requesting to include the same in the Birth Certificate. Learned advocate has placed reliance on the judgement passed by the Coordinate Bench of this Court dtd. 5/12/2012 in Special Civil Application No.8556 of 2012 in support of his case and has submitted that the respondent No.2 has the authority to correct the date of birth by exercising the power under Sec. 15 of the Registration of Births and Deaths Act , 1969 (for short "the Act"). She has submitted that there are catena of decisions of this Court, wherein the respondent authorities are directed to alter the date of birth.