ZALA JAYENDRASINH SATUJI - MINOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1. Respondent No.2 (TalaticumMantri, Kotha Gram Panchayat) has been served by direct service on 14.10.2014, but has not chosen to put in an appearance till date. Therefore, as it appears that the said respondent is not interested in contesting the petition, there is no requirement of issuing notice of Rule to him. 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 Article 226 of the Constitution of India, has been preferred by the petitioner with the following prayers:

(3.) THE petitioner is a minor and has filed the present petition though his father. It is the case of the petitioner that he was born on 15.08.1997. At that point of time, the name and other particulars of the petitioner were got recorded in the Register of Births and Deaths by a relative. By an inadvertent bona fide mistake, the date of birth of the petitioner has been recorded as 01.10.1997 in the Birth Certificate, instead of 15.08.1997. However, in all the other certificates of the petitioner, such as the School Leaving Certificate, the correct date of birth of the petitioner, that is, 15.08.1997, has been recorded. In view of the above discrepancy in the date of birth, the father of the petitioner made an application dated 16.07.2014, to respondent No.2, who is the Competent Authority under Section 15 of the Registration of Births and Deaths Act, 1969 ("the Act" for short). By the impugned Certificate/ order dated 05.08.2014, the application of the petitioner came to be rejected on the ground that it is only after obtaining an order of the Court that the correction can be made. Aggrieved by the aforesaid order, the petitioner has approached this Court by way of the present petition.