CHAHWALA KINNARI VASANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms V.S.Pathak, learned Assistant Government Pleader for the waives service of notice of Rule for the respondents in Special Civil Application No.24447 of 2007 whereas Ms Falguni Patel, learned Assistant Government Pleader for the waives service of notice of Rule for the respondents in Special Civil Application No.24448 of 2007. At the request of the learned counsel for the parties the matter is taken up for final hearing today.

(2.) Since the issue involved in both the petitions is common and the petitioners are brother and sister claiming the same relief, they are heard together and now they are now being disposed of by this common judgment.

(3.) It is the say of Shri Sahil Vasantbhai Chahwala, petitioner of Special Civil Application No.24448 of 2007 that he was born at Ravin Hospital on 25th March 1990 and thereupon it was registered by the competent authority on 26th March 1990. In the register of birth his father's name was entered as Vasantbhai Thakorebhai Chahwala. So far as Ms Kinnari Vasantbhai Chahwala, petitioner of Special Civil Application No.24447 of 2007 is concerned, it is her say that she was born at Bombay on 20th December 1993 and her birth was registered in the record on 31st December 1993. Her father's name was also shown as Vasantbhai Thakorebhai Chahwala in the Birth Register. On the basis of the same, the birth certificates have been issued in favour of the petitioners. It is their say that Vasantbhai, father of the petitioners expired on 15th April 1994. On his demise, their mother got married to their uncle on 10th May 1996 i.e. Vinodbhai Thakorebhai Chahwala. In view of the same, in the School Register their names have been entered as Sahil Vinodbhai Chahwala and Kinnari Vinodbhai Chahwala. After they left the school, the School Leaving Certificates have been issued to them. However, when they noticed the discrepancy, they have approached the school authorities with a request to make necessary correction. The school authority has declined to do so on the ground that they have no power to rectify the School Leaving Certificate after the pupil left the school. Hence, the petitioners have approached this Court by filing these petitions.