LAWS(GJH)-2008-1-23

PATEL JALPABEN KAUSHIKKUMAR Vs. STATE OF GUJARAT

Decided On January 25, 2008
PATEL JALPABEN KAUSHIKKUMAR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Ms. D. S. Pandit, learned AGP for the respondents waives service of Rule.

(2.) HEARD Mr. Manish Raval, learned counsel for the petitioner and Ms. D. S. Pandit, learned AGP for the respondents. With the consent of the parties, the matter is taken up for final hearing today.

(3.) IT is very sorry state of affairs that the petitioner was relegated to the authority for getting fresh birth certificate mentioning the name of the petitioner as "kumari Jalpaben" though the same reflected in the birth register. Earlier, competent authority has already issued one birth certificate mentioning the name of the petitioner as "jalpaben". The said birth certificate is at Anexure:c to the petition. There cannot be any reference of name of community in the column no. 1 kept for writing name of theh person born. True it is that in the birth register, name of the present petitioner is referred to as "jalpa", but when the authority has already issued certificate in the name of Jalpaben, as female child, she is addressed as "ben" and male child is addressed as "bhai". Necessary certificate could have been issued and therefore, such certificate should now be issued. It is contended by the petitioner that such fresh certificate is required as the same is insisted upon by the statutory authorities of the country where the petitioner intends to go and settle.