MOHINI VASUDEVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The petitioner has approached this Court for obtaining appropriate writ, direction on respondent no. 2 to carry out the correction in the birth certificate. It is the say of the petitioner that she was born on 1st July, 1986. However, due to some mistake the date has been mentioned as 7th August, 1986 in the birth certificate. It is her say that in her school leaving certificate, the birth date is shown as 1st July, 1986. She, therefore, approached, respondent no. 2 with a request to carry out the correction, but the request was turned down on the ground that he did not have power to make any change in the birth certificate. Hence, this petition.

(3.) I have heard Mr. Niral Mehta learned advocate for the petitioner and Mr. Neeraj Soni, learned A.G.P., for the respondents. The learned advocate for the petitioner has furnished copy of the Notification dated 1st April, 1970 issued by the Panchayats and Health Department, whereby power is exercised under section 7 of the Registration of Births and Deaths Act and the different authorities mentioned therein have been appointed as Registrars for local area for the purpose of the Act. Item no. 1 in the schedule states as under :-