PATEL MEENABEN SHAMBHUBHAI Vs. MOTI RANTAI GRAM PANCHAYAT,

JUDGEMENT

(1.) RULE . Respondent No.1 -Moti Rantai Gram Panchayat has been served with the notice of this Court but has chosen not to appear. Hence there is no necessity of issuing notice of Rule to the said respondent. Respondent No.2 Modi Harishkumar Premchandbhai, Talati -cum -Mantri, Moti Rantai Gram Panchayat is present in person and waives service of notice of Rule. On the facts and in the circumstances of the case, the petition is being heard and decided finally.

(2.) THIS petition under Article 226 of the Constitution of India, has been preferred with the following prayers:

(3.) THE brief facts of the case are that the petitioner was born at village Moti Rantai, Taluka Detroj Rampura, District Ahmedabad on 1 -6 -1965. When she applied for her Birth Certificate, she came to know that her date of birth has been wrongly entered as 2 -11 -1965, instead of 1 -6 -1965. Moreover, the name of the petitioner's mother was not written in the Birth Certificate. The date of registration was also not stated, though the birth of the petitioner was duly registered at Sr.No.24 -1965 in the Record of Births and Deaths. The Birth Certificate of the petitioner containing the above discrepancies was issued by respondent No.2 -Talati -cum -Mantri, village Moti Rantiai, on 27 -11 -2013. The petitioner made an application dated 15 -11 -2014 to respondent No.2, stating that her correct date of birth is 1 -6 -1965, as mentioned in her School Leaving Certificate, Passport, Ration Card and Election identity card. By the said application, a request was made by the petitioner for the correction of the date of birth in the Birth Certificate and insertion of the name of her mother and for the issuance of a fresh birth Certificate with the correct particulars. The said application has not been decided by respondent No.2. However, it is stated in the petition that respondent No.2 completely refused to carry out the correction in the Birth Certificate on the ground that he has no power to do so. Aggrieved by the above action of respondent No.2, the petitioner has approached this Court by filing the present petition.