PATEL BHAGWATIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for the respondent No.1 -State of Gujarat. Respondent No.2 has been served but has chosen not to put in an appearance before this Court. As the said respondent does not appear to be interested in contesting the proceedings, there is no requirement of issuance of notice of Rule to him. On the facts and in the circumstances of the case and with the consent of learned counsel for the parties present, the petition is being heard and decided finally.

(2.) THIS petition under Article 226 of the Constitution of India has been preferred with a prayer to issue a writ or mandamus or any other appropriate writ or direction directing the respondent authority (in this case respondent No.2 - Talati -cum -Mantri, Sanganpur Gram Panchayat, Taluka and District Mehsana) to correct the date of birth in the Birth Certificate of the petitioner as 1 -6 -1974, in place of 8 -9 -1974, which, according to the petitioner, is the wrong date. A further prayer is also made to quash and set aside the order/Certificate dated 2 -12 -2014, passed by respondent No.2, rejecting the application of the petitioner.

(3.) IT is the case of the petitioner that she was born on 1 -6 -1974, in village Sanganpur. However, at the time of the registration of her birth,the date of birth has been wrongly entered as 8 -9 -1974 in the relevant record. The other documents of the petitioner, such as the School Leaving Certificate and Passport, mention her correct date of birth that is, 1 -6 -1974. The father of the petitioner made an application for the correction of her date of birth before respondent No.2. However, by the impugned order/certificate dated 2 -12 -2014, respondent No.2 rejected the application of the petitioner on the ground that he has no authority to change the date of birth and has further directed the petitioner to obtain an order from the Court. Aggrieved thereby, the petitioner is before this Court.