ANILABEN DAHYALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr Neeraj Soni, learned AGP waives service of Rule for the respondents. At the request of the learned counsel for the parties, the matter is taken up for final hearing today.

(2.) It is the say of the petitioner that her correct name is Anilaben and she was born on 1.5.1974. However, due to some mistake in the Birth Certificate her name is recorded as Ramilaben. When she received the Birth Certificate she came to know about the discrepancy. She, therefore, approached the authority, namely, respondent No.2 for the rectification of the birth certificate, but she was informed by respondent No.2 that he has no power to carry out the correction after 15 years of the birth. The petitioner has, therefore, filed this petition.

(3.) I have heard Mr Patel for the petitioner and Mr Neeraj Soni for the respondents. Mr Patel has placed reliance on the judgment delivered by this Court in Special Civil Application No.12822 of 2004 on 8.10.2004. He submitted that in view of the ratio laid down by this Court in the said judgment, respondent No.3 has power to rectify the birth certificate. I have perused the same. The learned Single Judge of this Court, after placing reliance on the decision rendered in the case of Vimal M. Patel v. State of Gujarat, 2001 (3) 2484, has held that Talati cum Mantri can carry out the correction even after lapse of 15 years. Mr Soni is not in a position to controvert this submission.