MANISHABAHEN SATISHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Art. 226 of the Constitution of India in which the petitioner has prayed that the respondent authority be directed to change the name of the petitioner in the birth certificate issued in her favour from Jaywantiben to Manishaben.

(2.) Heard learned advocate Mr.Rahevar for the petitioner and learned Assistant Government Pleader Ms.Pathak for the respondent no.1 and learned advocate Mr.Munshaw for respondent nos.2 and 3.

(3.) Learned advocate for the petitioner submits that the petitioner was born on 23.5.1974 at village Talodh, Taluka Gandevi, District Navsari. In the birth certificate issued by the respondent authority, her name is mentioned as Jaywantiben by mistake. It is pointed out by learned advocate for the petitioner from the documentary evidence produced on record that in all the other documents namely School Leaving Certificate, Aadhar Card, Pan Card, Election Card and Passport, her name is mentioned as Manishaben. It is submitted that recently the petitioner has applied for permanent residence- ship of Canada and therefore the concerned authorities are insisting for her birth certificate wherein the name of the petitioner is recorded as Jaywantiben. The petitioner has, therefore, made a representation to the respondent authority on 7.12.2018 and requested to correct her name in the birth certificate. However, the respondent authority, by communication dated 12.12.2018 rejected the request of the petitioner on the ground that circular dated 18.2.2016 is issued by the Chief Registrar, Births and Deaths and Commissioner (Health), State of Gujarat.