JOSHI VISHAL JASHVANTRAY Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) This petition is filed for seeking appropriate direction on respondents to carry out necessary change in his birth certificate. It is the say of the petitioner that he was born on 05/07/1983. The necessary entry was made in the birth register under the provisions of Birth and Death Registration Act. However, in the said register the birth date was wrongly mentioned as 01/09/1983 instead of 05/07/1983. When he learnt about the discrepancy, he approached respondent authority i.e., respondent no. 2 with a request to effect necessary change in the birth certificate. However, the request was turned down by respondent no. 2 on the ground that after a lapse of 15 years from the date of birth, such request cannot be entertained because it has no power to make any change in the birth record. The petitioner wants to get the date corrected on the basis of the date of birth mentioned in the school leaving certificate, which according to him, is the correct birth date.

(3.) I have heard Mr. Kirit Patel learned advocate for the petitioner and Mr. Hemang Parikh, learned A.G.P., for respondents. Mr. Kirit Patel learned advocate for the petitioner has submitted that the respondent no. 2 by virtue of provisions of Section 15 of the Registration of Birth & Death Act, 1969. has power for correction or cancellation of entry in the Register of Births and Deaths. To substantiate his submission he has also placed reliance on the relevant provisions and the order of the learned Single Judge dated 9th October, 2006 rendered in Special Civil Application No. 19683/2006 and its allied matters.