PATEL GAYATRIBEN MAHENDRABHAI 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 nos.1 and 2 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 Bhunav, Taluka Unjha, District Mehsana on 20/05/1987. According to him, due to inadvertence on the part of the authority, in the register maintained under the Births and Deaths Registration Act, 1969 ("the Act", for short) the petitioner's date of birth is erroneously mentioned as 25.6.1987 instead of 20.5.1987. It is submitted by the learned advocate for the petitioner that in all subsequent documents i.e. School Leaving Certificate, etc. the petitioner's birth date is shown as 20.5.1987. 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 certificate. However, his request was turned down on the ground that it was not within his power to correct the birth register or the birth certificate. The petitioner has, therefore, approached this Court by way of this petition.

(3.) Mr Darji, learned advocate 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 he has placed reliance on the provisions of Section 15 of the Act as well as the Gujarat Registration of Births and Deaths Rules, 2004 [hereinafter referred to as 'the Rules']. According to him, a combined reading of both the provisions would amply make it clear that respondent has power to carry out the necessary correction. He 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.