PATEL JINAL JAGDISHBHAI Vs. SUB REGISTRAR

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, wherein the petitioner has prayed that the respondent authority be directed to correct the name of the petitioner from "Janvi" to "Jinal" in the birth certificate issued by the respondent authority.

(2.) Heard learned advocate, Mr. Lalit Patel for the petitioner and learned AGP Ms. Niyati Shah for the respondent.

(3.) It is contended that the name of the petitioner is wrongly recorded in the birth certificate as "Janvi" instead of "Jinal" and, therefore, the petitioner submitted an application to the respondent authority for making necessary correction in the birth certificate, however, the request of the petitioner is rejected by the respondent while placing reliance upon the Circular dated 18.02.2016 issued by the Chief Registrar, Birth - Death & Commissioner (Health), Gujarat State, Gandhinagar. It is submitted that the said Circular dated 18.02.2016 is considered by this Court while passing an order dated 16.01.2019 in Special Civil Application No.19054/2018 and this Court has held that the said Circular cannot override the statutory provision contained in Section 15 of the Registration of Birth and Death Act, 1969 and the Rules framed thereunder and the said Circular is giving only guidance to the authority while considering the request of the concerned applicant.