MOHD ILYAS Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Sri M.A. Basith, learned Counsel for the petitioners and Sri M. Santosh Kumar, learned Counsel representing Sri C. Damodar Reddy, learned Standing Counsel for both the respondents. The second petitioner is the daughter of the first petitioner said to have been born on 9.5.1996 at Fernandez Maternity Hospital (RBSB) Hospital, Hyderabad, at which time, the Birth Certificate was issued by the second respondent without mentioning the name of the second petitioner, as the father did not decide on her name by then. When the first petitioner made a representation on 1.10.2012 to include the name of the second petitioner in her Birth Certificate, the request has been rejected on 8.10.2012 citing the absence of any provision for such inclusion to be the reason for refusing to incorporate the name in the Birth Certificate beyond a period of 15 years. The petitioner, therefore, desires the respondents 1 and 2 to be directed to incorporate the name of the second petitioner in the Birth Certificate.

(2.) The petitioner places reliance on a decision of this Court in WP No. 885 of 2009, dated 2.2.2009, which in turn placed reliance on Dipaka Arvindkumar Pancholi v. State of Gujarat, 2003 AIR(Guj) 102 The decisions were of the view that there was no specific prohibition against issuance of a Birth Certificate on an application made beyond 15 years and the only rider is that the petitioner shall have to place adequate material before the authorities concerned to prove that the Birth Certificate issued without her name actually belonged to her/him. This Court, therefore, directed therein issuance of the Birth Certificate to the petitioner therein with her name mentioned in it after due verification of the relevant records. The petitioner stands in an identical footing and is entitled to a similar relief. Therefore, the respondents 1 and 2 shall duly consider the request of the first petitioner in his representation, dated 1.10.2012, to include the name of the second petitioner as Saba Fatima in her Birth Certificate after due verification of all the relevant records and any material that may be placed before them by the petitioners in proof of the original Birth Certificate issued without her name actually belonging to the second petitioner and issue a Birth Certificate accordingly, if the request is in order. The exercise shall be completed within 30 days from the date of communication of this order. The writ petition is ordered, accordingly, without costs.