SHRADDHA ROHITBHAI TAILOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to delete Respondent No. 3, since mr. Majmudar, learned Counsel for the petitioner, has stated that he is not pressing the prayer at 22 (C) at this stage. as even otherwise also, the same will be consequential on account of the change. if affected, in the register maintained under the Registration of Birth and Death Act, 1969 (hereinafter referred to as the 'act' for short ).

(2.) RULE. Ms. Kotecha, learned AGP waives service of notice of Rule for respondents No. 1 and 2. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard.

(3.) THE short facts of the case appears to be that the petitioner was born on 21. 6. 1992. However, at the time of birth in the register, when the entry was recorded, the sex was mentioned as 'female'. The petitioner studied up to 10th Standard and even the School Leaving Certificate is also issued as if the petitioner is a female known as 'shraddhaben'. As per the petitioner, thereafter the petitioner has developed the physical character as that of a male and the petitioner thereafter was examined by various doctors, whose certificates are produced namely; Dr. Nirmal A. Vaniawala, dr. Bhupendra N. Kharwar and Dr. Pradip r. Atodaria and it has been certified by the aforesaid private doctors that the petitioner has developed physical organ of a male and, therefore, the petitioner has been declared as male person. Since the the entry of the register maintained under the Act the sex of the petitioner is shown as female, the petitioner is seeking alteration in the entry as male and, therefore, under these circumstances, the present petition.