DIPIKABEN MAYANKKUMAR PATEL Vs. TALATI CUM MANTRI

JUDGEMENT

(1.) RULE . Ms.Jully Balvantrai Oza, Talati­cum­Mantri, respondent No.1, has appeared in person and has waived the service of notice of Rule. Mr.Rakesh Patel, learned Assistant Government Pleader waives service of notice of Rule for respondents Nos.2 and 3. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THIS petition under Article­226 of the Constitution of India has been preferred, inter­alia, with a prayer to quash and set aside the order dated 28.07.2014, passed by respondent No.1, Talati­cum­ Mantri, Pardhol Gram Panchayat, Taluka Daskroi, District Ahmedabad, whereby the application of the petitioner for change of date of birth in the Register of Births and Deaths and the issuance of a Birth Certificate, has been directed to be filed, on the ground that respondent No.1 does not have the power to carry out the necessary correction.

(3.) AS per the case of the petitioner, she was in need of her Birth Certificate for her personal use, therefore, she applied to respondent No.1 by the application dated 24.07.2014. The petitioner produced the School Leaving Certificate issued by the School Authority before respondent No.1, which indicated the date of birth, place of birth and other relevant details of the petitioner. However, vide the impugned order dated 28.07.2014, respondent No.1 directed that the application of the petitioner be filed, as the said respondent has no power to make any correction in the birth records of the petitioner. The petitioner approached respondent No.1 several times, but to no avail. The said respondent orally informed the petitioner that the certificate cannot be issued to her. Aggrieved by the said action of respondent No.1 and the impugned order dated 28.07.2014, refusing to exercise the power for correction of the date of birth of the petitioner in the Register of Births and Deaths, to issue a Birth Certificate, the petitioner has approached this Court by way of the present petition.