SHWETA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself.

(2.) The petitioner is daughter of Rajbir Sharma and Smt. Sunita Sharma (father and mother). She was born on 21-12-1990 at Yamunanagar. An entry in regard to her was made in the record of Municipal Council, Yamunanagar in the register of Births and Deaths maintained by the Municipal Coun- cil on 27-12-1990. Certificate (Annexure P- 1) which is copy of Form No. 5 demonstrates that a girl child was born on 21-12-1990 at Gaba Hospital, Yamuna Nagar in the family of Rajbir Markanday and Sunita. The entry was duly made under registration No. 4570 on 27-12-1990. Father of the petitioner was serving in Indian Air Force, he remained posted at various places. In the entire service record of the father of the petitioner, petitioner's name is mentioned as "Shweta Sharma" daughter of Rajbir Sharma. In the ration card which is meant for four family members issued by the Food and Supply Department, Yamuna Nagar, the name of the petitioner is shown as "Shweta Sharma". It is relevant to note that the names of four family members i.e. Petitioner, her parent and brother Ankush Sharma are mentioned in the ration card. There is no other sister of the petitioner. In the Health Card, the petitioner's name is shown as "Shweta". Petitioner passed her Secondary Examination in the year 2007 wherein also name of the petitioner is shown as "Shweta Sharma" daughter of Sunita Sharma and Rajbir Sharma (mother and father). The petitioner made an application dated 13-3-2009 (Annexure P-7) to the District Registrar, Births and Deaths, Distt. Yamuna Nagar (Haryana) for correction of her name in the register of Births and Deaths. Her application has been rejected vide the impugned letter dated 26-8-2009 (Annexure P-9) with the following remarks :-

(3.) In the written statement filed, only plea raised by respondent No. 3 is that there was no erroneous, fraudulent or improper entry in the register of Births and Deaths requiring correction under Section 15 of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as "the Act") read with Rule 11 framed thereunder. Learned counsel for respondents submits that as a matter of fact, there is no provision for correction of the name of the petitioner in the Birth and Death register.