PATEL SHAILESHKUMAR GIRDHARDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1. Notice of the petition has been served upon respondent No.2, however, he has not chosen to appear before this Court. Hence, no fruitful purpose would be served by issuing notice of Rule to the said respondent.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 05.07.2014, passed by respondent No.2, TalaticumMantri, Vadavswami Gram Panchayat, whereby the said respondent has refused to exercise the powers vested in him to correct the date of birth of the petitioner and the name of the petitioner's mother in the relevant record, as also the Birth Certificate.

(3.) IT is the case of the petitioner that he was born on 01.06.1968 at Mouje Vadavswami, Taluka Kalol. At the time of his birth, his name and other particulars were got recorded in the relevant Register by a relative. Due to an inadvertent, bonafide mistake, the date of birth in the Birth Certificate has been wrongly recorded as 01.10.1968 instead of 01.06.1968. The name of the petitioner's mother is Hiraben, but due to an error, her name has not been recorded in the relevant record, at all. According to the petitioner, his School Leaving Certificate, Passport, PAN Card, Driving Licence, Election Card and Aadhar Card, all carry the correct date of birth, that is, 01.06.1968. The petitioner made an application 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), requesting him to make necessary corrections. The said application has been rejected by the impugned order dated 05.07.2014, on the ground that respondent No.2 does not have the power to carry out the necessary corrections. Aggrieved thereby, the petitioner has approached this Court.