JAGDISHBHAI PARBHUBHAI 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 parties, the matter is taken up for final hearing today.

(2.) The petitioner has approached this Court for obtaining appropriate direction on the respondents and in particular respondents no. 2 and 4 requiring them to carry out necessary correction in the birth register as well as birth certificate of the petitioner. It is the say of the petitioner that he was born at village Bagumara, Taluka Palsana in District Surat on 13/10/1956. According to him, due to inadvertence on the part of the authority, in the register maintained under the Births, Deaths and Marriages Registration Act, 1886, the entry with regard to his gender was erroneously mentioned. Instead of male child, entry was made as female child. The petitioner's grievance is that when he learnt about the discrepancy, he made necessary request to respondent no. 2 by submitting an application along with all the relevant material to make necessary change in the birth register. However, by communication addressed to Laxmiben, wife of Parbhubhai Patel i.e., mother of the petitioner, respondent no. 2 informed her that it was not possible to make the correction since there is no provision in the Act to make amendment in the birth register. Against the said decision, the petitioner has now approached this Court.

(3.) Ms. Hetavi Sancheti, learned advocate appearing for Mr. CK Pandya for the petitioner has submitted that respondent no. 2 has failed to appreciate that the Act as well as Rules framed thereunder empowered the authority to carry out the necessary correction. In support of her submission she 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 her, a combined reading of both the provisions would amply make it clear that respondent has power to carry out the necessary correction. She has further placed reliance on the notification dated 1st April, 1970 to submit that by the said notification respondent no. 4 has been conferred upon powers to act as Registrar of the local area i.e., the area within the jurisdiction of Bagumara Gram Panchayat.