RAJESH H. SHUKLA, J.

Rule. Learned A.G.P., Mr. H. K. Patel for the respondent No. I-State of Gujarat and learned Counsel, Mr. Ashish Dagli for the respondent No. 2-Sub-Registrar waive service of notice of Rule.

2. Heard learned Counsel, Ms. Kruti M. Shah for the petitioner, learned A.G.P., Mr. H. K. Patel for the respondent No.1 and learned Counsel, Mr. Ashish Dagli for the respondent No.2.

3. The present petition has been filed by the petitioner under Arts. 14, 21, 226 and 227 of the Constitution of India as well as under the provisions of the Registration of Births & Deaths Act, 1969 and under the provisions of the Gujarat Registration of Births & Deaths Rules, 2004 for the prayer inter alia that the appropriate writ, direction or order may be issued to the respondents to correct the name of his son in column NO.1 from "Puru" to "Harsh" and to add the names of mother and father in column Nos. 7 and 8 as Deepika Manoj Goel and Manoj Omprakash Goel and further be pleased to direct the respondent NO.2 to issue new birth certificate.

4. The facts of the case briefly stated are that the petitioner is an adoptive father of a child and he made an application on 19-12-2010 to the respondent No.2 for making necessary changes in the birth register both with regard to child's name as well as name of father and mother in the said certificate. It is required to be mentioned that the petitioner and his wife have adopted a child from Junagadh Shishu Mangal Institute, for which, they have instituted Misc. Civil Application No.7 of 1997 under Sec. 7(1) of the Guardians & Wards Act, 1890 and also under Sec. 9(4) of the Hindu Adoption & Maintenance Act, 1956 in the Court of the Additional Assistant Judge, Junagadh and the decree of the Competent Court was also passed with regard to the adoption of a child i.e. minor "Puru". After the adoption proceedings were completed, name was changed from "Puru" to "Harsh" and it was• notified in the Government of Gujarat Gazettee, Part-II dated 23-4-1998 accordingly. Affidavits have been filed by the parents, which have been' produced along with other documents. They also produced School Leaving Certificate of the Principal of St. Xavier's High School, Surat at Annexure-F, where the name of a child is recorded as Goel Harsh Manoj. Thereafter, they had moved an application to the respondent No.2, who vide communication dated 27-12-2010 rejected the application contending that the power is not within the provisions of Sec. 15 of the Act. Therefore, the present petition has been filed.

5. Learned Counsel, Ms. Shah referred to the documents produced including the order passed by the Extra Assistant Judge, Junagadh in Misc. Civil Application No.7 of 1997 with regard to adoption, the application for adoption, the documents produced before the Corporation and the certificate of St. Xavier's High School, Surat. Learned Counsel, Ms. Shah referred' to order dated 27-12-2010 at Annexure-G addressed by the respondent No. 2 to the petitioner informing that as per the guidelines/Rule 7 (Sec. 14, Rule 11) of the Registration of Births & Deaths Act, 1969 as well as under Sec. 15 of the Act, there is no such provisions, and therefore, correction as prayed for cannot be made.

6. Learned Counsel, Mr. Dagli for the respondent No.2 has referred to the provisions of the Registration of Births & Deaths Act, 1969 as well as Rules known as the Gujarat Registration of Births & Deaths Rules, 2004 and submitted that Rule 11 provides for such correction and it does not refer to any such eventuality and, therefore, the impugned order has been passed. He submitted that normally decree of the Competent Court would clarify but in this case, it is not so, and therefore, as it cannot be said to be a formal or clerical error and as it does not fall in any of the ground enumerated in Rule 11, it has not been corrected.

7. Learned Counsel, Ms. Shah pointedly referred to the observations made by this Court in a judgment reported in 2008 (2) GLR 1551

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