PATEL PAULOMI PRAVINCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mrs. Falguni Patel learned A.G.P., waives service of rule on behalf of respondent no. 1 and learned advocate Mr. Dhaval Nanavati waives service of rule on behalf of respondent no. 2. At the request of the parties, the matter is taken up for final hearing today itself.

(2.) The petitioner has approached this Court to obtain appropriate direction on the respondents and in particular respondent no. 2 to effect the necessary change with regard to her birth date. It is the say of the petitioner she was born on 15th August,1977. However, through mistake her birth has been recorded as 15th September, 1977 in the birth certificate. She, therefore, went to the respondent authorities with a prayer to make necessary correction. However, she was informed that the respondents have no power to carry out the correction one year after the birth of the petitioner. Hence, this petition.

(3.) I have heard Mr. Kirit R. Patel learned advocate for the petitioner, Mrs. Falguni Patel learned A.G.P., for respondent no. 1 and Mr. Dhaval Nanavati learned advocate for respondent no. 2. It is submitted by Mr. Patel that in view of Section 15 of the Births & Deaths Registration Act, 1969 [hereinafter referred to as the "Act] as well as Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 [hereinafter referred to as the "Rules"], the respondent authorities have power to effect the correction in the birth record. In support of his submission, he placed reliance on the decision rendered by this Court in the case of Jagdishbhai Prabhubhai Patel v. State of Gujarat in Special Civil Application No. 18273/2007 dated 24th July, 2007. Mrs. Falguni Patel has not seriously controverted this position. I have perused the said judgment. It completely supports the submission of Mr. Patel. It is held in the said decision by this Court that in view of Section 15 of the Act and Rule 11 of the Rules, the respondent authorities have power to carry out necessary correction. Hence, the following direction.