KIRANKUMAR TRIBHOVANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Soni 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 final hearing today itself.

(2.) It is the say of the petitioner that he was born at village Magodi, District Gandhinagar on 4th October, 1977. However, in the birth register and birth certificate, due to some mistake, his birth date is shown as 4th August, 1977 and him name as Ghanshyambhai. It is his say that his real name is Kirankumar Tribhovandas Patel and on subsequent official documents like PAN card, ration card, election card, passport etc., his name has been shown as Kirankumar and date of birth as 4th October, 1977. It is his say that he went to the respondent authorities with a request to affect the necessary change in the birth record. However, the respondent expressed his inability to do so, on the ground that he did not have any power to effect the correction in the birth register.

(3.) Mr. P.N. Patel learned advocate for the petitioner has submitted that respondent no. 2 has failed to appreciate that the Act as well as Rules framed thereunder empower the authority to carry out the necessary correction. In support of his submission he has placed reliance on the provisions of section 15 of the Births & Deaths Registration Act, 1969 [hereinafter referred to as 'the Act'] as well as the Gujarat Registration of Births and Deaths Rules, 2004 [hereinafter referred to as 'the Rules']. According to him, a combined reading of both the provisions would amply make it clear that respondent has power to carry out the necessary correction. He has further placed reliance on the notification dated 1st April, 1970 to submit that by the said notification respondent no. 2 has been conferred upon powers to act as Registrar of the local area i.e., the area within the jurisdiction of Magodi Gram Panchayat.