The legal principle established is the presumption of validity and admissibility of a birth certificate, which should be treated as legal and binding unless set aside in legal proceedings.

MANMOHAN, J.

1. Present writ petition has been filed with the following prayer:-

“a) issue a writ in the nature of certiorari/mandamus or any other writ, order or direction thereby allowing the Petitioner to participate in the Tournament/game scheduled from 4.5.2015 being held by the Respondent considering the date of birth (8.10.2004) given by the petitioner on record as correct and not to create any obstruction or hindrance by raising objections regarding the date of birth of the Petitioner of any kind and to treat the Petitioner as per entitlement/ranking in her game of Table Tennis, in the interest of justice.

b) pass such other or further order(s) this Hon’ble Court deem fit and proper in the facts and circumstances of the present case.”

2. Mr. Rajiv Garg, learned counsel for respondent no. 1 and Mr. M. Qayani-ud-din, learned counsel for respondent no. 2 state that petitioner has never been restrained and will never be restrained in future in participating in any tournament/game.

3. This Court may mention that respondent no. 3-North DMC has filed an affidavit in which it is stated that petitioner has been issued a birth certificate after following due procedure of law and the said birth certificate is legal and valid.

4. This Court may also mention that Section 17(2) of the Registration of Births and Deaths Act, 1969 states as under:-

“ 17. Search of births and deaths register–

xxxx xxxx xxxx xxxx

(2) All extracts given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such extracts as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.”

5. Section 76 of the Indian Evidence Act, 1872 reads as under:-

“76. Certified copies of public documents. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation.--Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.”

6. In view thereof the birth certificate is legal, valid and admissible in evidence. If any party has any grievance with regard to said certificate, it is free to take any step in accordance with law, but till the said certificate is set aside in any legal proceedings, the same shall be treated as legal, valid and binding by all the respondents.

7. With the aforesaid observations, present writ petition stands disposed of. If the petitioner has won any prize which has been withheld, the same shall be released to her within two weeks.