IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and MADHURESH PRASAD, JJ.
(21.4.2022)
CWJC No. 17855 of 2019
Mrityunjay Prasad Sinha : Petitioner
Vs.
State of Bihar & Ors. : Respondents
Registration of Births and Deaths Act, 1969 – Section 15 r/w Bihar Registration of Births and Deaths Rules, 1999 – Rule 11(4) – Correction of date of birth – under Section 15 of the Act, the Registrar, Births and Deaths has been given power to correct any error or cancel the entry of date of birth by suitable entry in the margin, without any alteration in the original entry if he is satisfied that entry of a birth or death in the register kept under the Act is erroneons – Rule 11(4) provides that in case a person asserts that any entry in the register of birth and deaths is erroneons in substance, the Registrar may correct the entry upon production by that person a declaration setting forth the entry of the error and true facts of the case made by two credible persons having knowledge of the facts of the case – here the applications for correction were not in conformity with Rule 11(4) nor rejection of it by the Registrar was in a proper manner – Writ application disposed of with liberty for the petitioner to make fresh applications for correction of date of birth and the Registrar directed to dispose of the same in accordance with the Rule 11(4). (Paras 9, 10, & 13)
CHAKRADHARI SHARAN SINGH, J.:–The petitioner asserts that he is the father of twins, namely, Adarsh Raj (Male) and Pallavi Raj (Female) who were born on 06.01.1998. It is his case that in the birth certificates issued by the Registrar, Births and Deaths, Patna Municipal Corporation, their dates of birth have been erroneously mentioned as ‘06.01.1999’ in place of ‘06.01.1998’.
2. The petitioner had filed two separate applications before the Registrar on 10.10.2017 for correction of the dates of birth, copies of which has been brought on record by way of part of Annexure-1 series to the writ application. The said applications have been rejected by the Registrar by order dated 18.05.2018, which is under challenge in the present writ application.
3. The petitioner is relying on the certificates issued by the Central Board of Secondary Education, Delhi in which date of birth of said Adarsh Raj and Pallavi Raj has been recorded as 06.01.1998. Reliance is also being placed on the birth certificates issued by the Doctor in which the date of birth of said Adarsh Raj and Pallavi Raj has been recorded as 06.01.1998. Copies of their passports have also been brought on record, wherein their dates of birth has been mentioned as 06.01.1999.
4. We have heard Mr. Hari Shankar Roy and Mr. Prasoon Sinha assisted by Mr. Jawed Gaffar Khan, learned counsel representing Patna Municipal Corporation.
5. Our attention has been drawn by learned counsel representing the Corporation to the provision under Section 15 of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as ‘the Act’) and Bihar Registration of Births and Deaths Rules, 1999 (hreinafter referred to as ‘the Rules’) framed under the Act which deal with correction in the register of births and deaths.
6. In response to a query made by this Court as to why the application for correction of date of birth was filed by the petitioner in respect of the persons whose dates of birth were sought to be corrected, learned counsel for the petitioner has failed to put forth any reasonable justification other than the plea of convenience. Admittedly, said Adarsh Raj and Pallavi Raj had attained majority on the date of filing of the application.
7. Be that as it may, before considering the manner in which the application was filed by the petitioner for correction of date of birth and the way the same has been rejected by the Registrar, we need to take note of relevant statutory provisions under the Act and the Rules. Section 15 of the Act reads as under—
“15. Correction or cancellation of entry in the register of births and deaths.—If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.”
8. Rule 11 of the Rules deals with correction or cancellation of entry in the register of births and deaths. Sub-rule (4) of Rule 11 is relevant for the present purpose, which reads as under :—
11(4). If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.”
9. The aforesaid two provisions, in the Court’s opinion, are applicable in a situation where a person seeks correction of date of birth. On bare perusal of Section 15 of the Act, it can be easily seen that the Registrar, B
Statutory provisions override circulars, and authorities must initiate necessary inquiry as per the relevant legal provisions for correcting birth certificate entries.
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