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Gujarat High Court
Judgename :KUNDAN SINGH
VIMAL M.PATEL - Appellant
Versus
STATE - Respondent
S.C.A. 1191 of 2001
Decided On : 03/13/2001
registration of Births and Deaths Act, 1969 - Section 15 - Appears and waives service of notice of Rule on behalf of the respondent No. also appears and waives service of notice of Rule on behalf of the - Petition has been filed for quashing and setting aside the order dated passed by the respondent at Annexure-A and for direction to the respondent No. 3 to make correction - Petitioner on and the application was given by the petitioner to the respondent No. 2 for entering the name of the child of the petitioner in the Birth Register - Accordingly the name of the child was mentioned as in the Birth and Death Register vide Entry - When the petitioner required birth certificate for filing it in the educational institution at that time the mistake was detected in respect of name of his female child - Petitioner moved an application dated for making correction in the Entry made in the Birth and Death register for correcting the name - Petitioner submitted that under Sec. of registration of Births and Deaths Act and Rule of Registration of births and Deaths Rules the respondent No. 2 has power to make correction of Entry in the Birth and Death Register with regard to the name of the child of the petitioner - Held, Once power to correct an entry already made in the Birth Register is conceded it should legitimately take within its sweep the correction of entries rightfully made - It is the correction of the name of the child at the instance of the parents or wards - What possible objections can there be in reading such power in the authority if power to correct erroneous entry is conceded omission in the present case appears to be non-deliberate - Omission being not deliberate and not supported by cogent reasons it would not be hazardous to read implied will of the Legislators in this provision so as to authorise the Registrar to correct the name of the child at the instance of the parents - Hold that there is power in the Registrar to correct the entry already made by entertaining the application of the parents - In undertaking this exercise, I am reminded of what C. K. Allen said in his book judges must and do carry out the express will of the language as faithfully as they can, but there is a wide margin in almost every statute where the Courts cannot be said to be following any will except their own - Statute then becomes as to great part of it, not a direct command but simply part of the social and legal material which judges have to handle according to their customary process of judicial logic - Learned Counsel for the petitioner is that some error fraudulently or improperly in giving the name of the child then the Registrar is required to correct the same in accordance with law under the provisions of Rule of the aforesaid Rules - Relevant circular also makes it clear that the second aspect is covered such cases where the person changes his name - Where a person adopts an another religion and names of self and children are required to be changed according to the religion though entries made in Birth and Death Register were correct - But due to change of religion these entries regarding names would not remain proper and if he applies for change of entries in respect of names Registrar of birth and Death cannot refuse to entertain an application therefore - He is entitled to hold an inquiry for this purpose on the basis of material on record he is not powerless to make correct entries - Even the name of a child is substantially changed on the basis of the required material the Registrar is entrusted with the powers to change entry regarding the name in the concerned register - petitioner regarding name of his child and that mistake is only error in the form and that can be corrected by the Registrar-respondent No. 2 - Petition deserves to be allowed.
( 1 ) RULE. Ms. B. R. Gajjar appears and waives service of notice of Rule on behalf of the respondent No. 1. Mr. U. M. Panchal also appears and waives service of notice of Rule on behalf of the respondent No. 2.
( 2 ) THIS petition has been filed for quashing and setting aside the order dated 10-2-2000 passed by the respondent No. 2 at Annexure-A and for direction to the respondent No. 3 to make correction of the Entry No. 7434 dated 19-5- 1997 by correcting the name from "hemali" to "heena".
( 3 ) THE child was born to the petitioner on 13-5-1997 and the application was given on 2-7-1997 by the petitioner to the respondent No. 2 for entering the name of the child of the petitioner in the Birth Register. Accordingly, the name of the child was mentioned as "hemali" in the Birth and Death Register vide Entry No. 7434 dated 19-5-1997. When the petitioner required birth certificate for filing it in the educational institution at that time the mistake was detected in respect of name of his female child "hemali" instead of "heena". Therefore, the petitioner moved an application dated 23-1-2001 for making correction in the Entry No. 7434 dated 19-5-1997 made in the Birth and Death register for correcting the name from "hemali" to "heena".
( 4 ) THE respondent No. 2 has rejected the application vide order dated 12-2-2001 basing on some circular issued by the department concerned. Hence, this petition.
( 5 ) LEARNED Counsel for the petitioner submitted that under Sec. 15 of registration of Births and Deaths Act, 1969 and Rule 12 of Registration of births and Deaths Rules, 1973 the respondent No. 2 has power to make correction of Entry in the Birth and Death Register with regard to the name of the child of the petitioner. He has relied on the decision of the Division Bench of this court in the case of Mulla Faizal @ Fazilabanu Suleman Ibrahim v. State of gujarat and Ors. , reported in 2000 (2) GLH 1 : 2000 (2) GLR 1553, wherein the Division Bench of this Court has held, as under :"the provisions of Sec. 15 of the Act clearly permit correction of an Entry in the Register of Births if it is found to be "erroneous in form or substance or has been improperly made. "
( 6 ) LEARNED Counsel for the petitioner has also relied on the decision of this Court in the case of Dr. Sukumar Mehta v. District Registrar, Births and Deaths, reported in 1993 (1) GLR 93, wherein it has been held that the act is silent about the contingency for subsequent correction of entry already made in Birth Register by correcting the name of the child at the instance ____________________________________________ of the parents. It is also held by this Court in the said decision that there is power vested with the Registrar to correct the entry already made by entertaining the application of the parents and in that case the respondent was directed to entertain the application of the petitioner by accepting the same and to amend the entry in the Birth Register by amending the name of the female child of the petitioner from that of "suchi" to "prachi" and to initial such entry after correcting the name.
( 7 ) ON the contrary, the learned A. G. P. , contended that under the provisions of Sec. 15 of the aforesaid Registration of Births and Deaths Act, 1969 the respondent has power to make correction in the Register of Births and Deaths in two contingencies, where some error has been committed on the part of the registration office or the entry has been made fraudulently and improperly. He has also relied on one query mentioned in the handbook on Civil Registration and Query No. 69 is whether the correction or cancellation of entries in births/deaths registers under Sec. 15 of the Act also covers change of name? A clarification has been made regarding the question of change of name would cover such case where a person changes his name, and thereafter, makes request for change of name of the child in the register. Such contingency is obviously not covered under S
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