PATEL SHAILESH KANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mrs. Falguni Patel learned A.G.P., waives service of rule on behalf of the respondents. At the request of the learned advocates for the parties, the matter is taken up for the final hearing today itself.

(2.) The petitioner has approached this Court to obtain appropriate direction on respondent no. 2 to rectify the birth certificate of the petitioner. It is the say of the petitioner that he was born on 7th July, 1966. However, in his birth certificate, through inadvertence of the registering authority, the date is mentioned as 7th October, 1966. He learnt about this mistake in the month of August, 2007. The father of the petitioner therefore, applied for the correction, but the authority refused to do it by intimating him verbally that he had no power to effect the change in the birth certificate after a lapse of period over 15 years. Mr. Joshi has, therefore, submitted that refusal by respondent no. 2 is not legal and it is under misconception of law. In support of his submission, he has cited the decision of this Court dated 24th July, 2007, rendered in the case of Patel Manubhai @ Ashokkumar Kantilal v. The State of Gujarat & Ors., in Special Civil Application No. 18308/2007. I have perused the same. It squarely covers the issue under consideration in favour of the petitioner. Hence, the following directions.

(3.) In view of the above, the respondents are directed that they shall consider the application of the petitioner for change in the birth date and upon arriving at satisfaction as to the change in the birth date shall decide the application accordingly and intimate to the petitioner the decision within seven days thereafter.