KRUNAL PRAHLADBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present petition under Article 226 of the Constitution, the petitioner has prayed for a direction against respondent No.2 to correct the petitioner's date of birth in the Birth Register. It is prayed to correct name of mother of the petitioner, and further prayed to rectify the name of petitioner's grandfather as well.

(2.) According to the petitioner, his correct date of birth is 20.07.1989, however at the time of his birth, the birth date was incorrectly recorded in the certificate of birth as 20.10.1989. Petitioner has further stated that name of his mother is recorded as "Babuben", while the true name is "Baluben". Name of petitioner's grandfather is "Chharanbhai" and the same ought to have been recorded in the birth certificate, but what is recorded is "Chhaganbhai". The petitioner made an application dated 24.06.2015 before respondent No.2, which is the competent authority under the Registration of Births and Deaths Act, 1969, requesting for carrying out the aforesaid three corrections in the record of birth. Respondent No.2 by communication dated 28.07.2015 refused to entertain the request.

(3.) Learned advocate Mr. D. K. Chaudhary assailed the decision of respondent No.2 reflected in the aforesaid communication. He submitted that it was because of bona fide mistake that the wrong birth date was got recorded in the certificate of birth at the time when the petitioner was born. It was submitted that similarly the names of the mother and the grandfather which were inserted, were also inaccurately done. It was submitted that the school leaving certificate issued to the petitioner by Nutan Vidya Vihar, Higher Secondary School, Ghatlodiya, Ahmedebad, where the petitioner studied, showed the correct date of birth to be 20.07.1989. It was further submitted that in the other government and semi -government documents and certifications such as Permanent Account Number card issued by the Income -tax Department mentioned the correct date.