SHANTI DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. A.S. Siddique, learned counsel appearing for the petitioner. The State authorities are represented by Mr. N.D. Chullai, learned senior GA. A male child was born on 15.2.1998 to the petitioner in the Ganesh Das Hospital, Shillong, and since the birth was not registered immediately, the petitioner applied for delayed registration of birth, under Section 13 of the Registration of Births and Deaths Act, 1969, (hereinafter referred to as the Registration Act). Along with her application, the Baby Report furnished by the Hospital showing delivery of a male child by the petitioner at 3.40 pm on 15.2.1998 was also enclosed. But through the impugned order dated 13.6.2012 (Annexure-IV), the learned Judicial Magistrate at Shillong rejected the application for a Birth Certificate by declaring that the applicant has failed to prove the Birth Certificate mentioned as Exhibit 3, in her application.

(2.) Mr. A.S. Siddique, learned counsel submits that apart from the baby report issued by the Ganesh Das Hospital, the applicant also enclosed the Certificate of the General Secretary, Dorbar Shnong Madanrting showing that the applicant is a resident of Madanrting village. Accordingly, Mr. Siddique, submits that since the proof of residence of the applicant and the Birth Certificate given by the Hospital is furnished, the Magistrate erred in rejecting the application on the ground that required documents were not proved by the applicant.

(3.) Mr. N. D. Chullai, learned senior GA, on the other hand, submits that the impugned order is an order of the Judicial Magistrate and accordingly the applicant, if aggrieved, should have filed a Revision Petition to challenge the Magistrate's order. The Government Advocate, accordingly contends that the writ petition is not maintainable.