PATEL NITABEN ALIAS NAINABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed that the order dated 12.09.2017 passed by respondent No.4 be quashed and set aside and thereby respondent No.4 be directed to correct the name of the petitioner from 'Nainaben' to 'Nitaben' in her Birth Certificate.

(2.) Heard learned advocate Mr.M.N. Devnani and learned Assistant Government Pleader Mr.K.M. Antani for respondent No.1. Though notice is served to respondent Nos.2 to 4, nobody appears on their behalf. However, looking to the issue involved in the present petition, the same is taken up for final disposal.

(3.) It is submitted by the learned advocate for the petitioner that respondent No.4 issued the Birth Certificate in favour of the petitioner, in which, the name of the petitioner is wrongly recorded as Nainaben. It is submitted that the correct name of the petitioner is Nitaben. Learned advocate for the petitioner has referred the documentary evidence produced along with the present petition and contended that in other records, the name of the petitioner is correctly recorded as Nitaben. It is submitted that the petitioner submitted an application on 01.09.2017 to respondent No.4 for correction of her name in the Birth Certificate. However, respondent No.4 by the impugned order dated 12.09.2017 rejected the said request relying upon the Circular dated 18.02.2016 issued by the Chief Registrar (Births and Deaths) and Commissioner (Health), State of Gujarat.