JAYANT PATEL, J. Rule. Mr. Parghi learned Standing Counsel waives service of notice of rule for the respondent. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard.

2. The short fact of the case appears to be that the petitioner had earlier applied for passport, which has been issued vide No. E8180475. In the said passport, the birth date recorded is 1-8-1968. The aforesaid is an admitted position. It is a case of the petitioner that earlier application for passport was made based on the birth date recorded in the School Leaving Certificate issued by Maharshi Rang Avdhoot Vidyavihar Higher Secondary,' Paldi, Ahmedabad, copy whereof is produced at Annexure-B. In the said School Leaving Certificate the birth date of the petitioner is shown as of 1-8-1968. It appears that thereafter, the entry is recorded in the birth and death register, maintained by Navsari Nagar Palika, as per the provisions of Registration of Births and Deaths Act, 1969 (hereinafter referred to as the 'Act') and as per the record under the said Act, the birth date recorded of the petitioner is 1-12-1968, copy of the birth certificate issued by the authority under the Act is produced at Annexure-D. The petitioner applied to the passport authority for correction of the birth date from 1-8-1968 to 1-12-1968, however, such correction was not made. Therefore, the petitioner preferred Special Civil Application No. 23893 of 2007, before this Court and this Court vide order dated 17-7-2008 directed the passport authority to consider the material and to take decision. It appears that thereafter, vide order dated 23-7-2008 the passport authority by quoting order of the Division Bench of this Court in Letters Patent Appeal No. 1673 of 2006 observed that passport office cannot declare date of birth and it is only the competent Court. It was also mentioned in the said letter that the instruction issued by Ministry of External Affairs, which inter alia provides that if the documents are cont1icting, applicant should obtain order of Civil Court of a competent jurisdiction, certifying the valid date of birth/place of birth. Therefore, passport authority communicated to the petitioner to produce correct School Leaving Certificate showing the date of birth, or the order from the competent Civil Court of the jurisdiction certifying valid date of birth. It is under these circumstances, the petitioner has approached to this Court by the present petition.

3. Heard Mr. Raval learned Counsel for the petitioner and Mr. Parghi learned Standing Counsel for the respondent.

4. It is true that when earlier passport was issued by the respondent-passport authority, the petitioner may have produced the School Leaving Certificate for showing the proof of birth as 1-8-1968 and based on the. same the passport has been issued. However, it is also undisputed position that as per the entry made in the of Registration of Births and Deaths Act, the birth date shown of the petitioner is 1-12-1968 and the correction is prayed by the petitioner in the passport based on the entry recorded under the Act.

5. As per the scheme of the Act which is passed by the Parliament, entry in the register for birth and death are to be considered as correct, unless any declaration is otherwise of a competent Civil Court. Section 10 provides for the duty of certain persons to notify births and deaths and to certify cause of death. As the registration of the death is not concerned in the present petition, it may not be relevant. However, such may apply for notifying the birth of any person through various authorities to the person holding the post as defined under the Provisions of sub-sec. (1) of Sec. 10 of the Act. Section 11 of the Act provides such information to be signed by informant for the birth and death before registration thereof in the register. Section 12 provides that the extracts of registration entries to be given to the informant. Section 13 provides for the entr

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