VAISHALIBEN MITHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.P.P.Banaji, learned Assistant Government Pleader waives service of notice of Rule for respondents Nos.1 and 2. 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.) THE petitioner has preferred this petition under Article 226 of the Constitution of India, interalia, with a prayer to issue a writ of mandamus or any other appropriate writ or direction upon the respondent authority by quashing and setting aside the impugned order dated 24.02.2014, passed by respondent No.2, TalaticumMantri, Chhatral Gram Panchyat, Taluka Kalol, District Gandhinagar, whereby the application of the petitioner for correction of her name and date of birth in the Birth Certificate has been rejected.

(3.) BRIEFLY stated, the facts of the case are that according to the petitioner, her correct date of birth is 11.07.1990. However, due to an inadvertent error, the date of birth of the petitioner has been recorded as 11.09.1990 in the Register of Births and Deaths maintained by respondent No.2. Further, the correct name of the petitioner is 'Vaishaliben', but due to a bonafide mistake, the name of the petitioner has been recorded as 'Vaishali'. The third discrepancy is that the name of the petitioner's mother is 'Chandrikaben'. However, the name of her mother has not been recorded at all, in the relevant record. According to the petitioner, her correct date of birth, that is, 11.07.1990, has been recorded in the School Leaving Certificate, PAN Card and Driving Licence. The petitioner made an application dated 20.02.2014, under Section 15 of the Registration of Births and Deaths Act, 1969 ("the Act", for short) to respondent No.2, for the correction of the above discrepancies. The said application has been rejected by the impugned order dated 24.02.2014. Aggrieved thereby, the petitioner is before this Court.