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2014 Supreme(Guj) 884
IN THE HIGH COURT OF GUJARAT
Abhilasha Kumari, J.
Madhavi Sandip Patel – Appellant
Vs.
Registrar, Birth and Death Department – Respondent
Special Civil Application No. 9304 of 2014
Decided On: 24.11.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Nikunt K. Raval for Dilbur Contractor
For Respondents/Defendant: Y.C. Pandya
Headnote:
Gujarat Registration of Births and Deaths Rules, 2004 – Rule 11 – Registration of Births and Deaths Act, 1969 – Section 15 –Petitioner, was born on 01.11.1980, at Gandhinagar. However, inadvertently, her date of birth, in birth certificate, has been wrongly recorded as 12.11.1980 –While getting admission in school, her correct date of birth, that is, 01.11.1980 was mentioned – Hence, her School Leaving Certificate shows her correct date of birth – All other official documents of petitioner, including her HSC examination mark sheet, PAN card, passport, Driving Licence and Election Card, reflect her correct date of birth –Petitioner has also produced an affidavit of her mother, stating her correct date of birth – As petitioner is to emigrate abroad, she is required to submit birth certificate, along with other documents – She, therefore, applied to respondent authority to issue her birth certificate – However, on receipt of birth certificate petitioner realised that her date of birth has not been correctly mentioned – Due to discrepancy in date of birth, petitioner is facing difficulty in immigration process –Petitioner preferred an application to respondent to correct entry in Register of Births and Deaths – Along with application, petitioner annexed various documents such as her Government School Leaving Certificate, Mount Carmel School leaving certificate, PAN card, passport, driving licence, driving licence of United State of America, Secondary Board certificate, marriage certificate, IELTS certificate and judgment of this Court rendered in Special Civil Application – Respondent rejected application of petitioner by stating in impugned order that she has not produced original Birth certificate and certificate of doctor – Held, impugned order is quashed and set aside – Respondent is directed to consider and decide the application of the petitioner afresh, by taking into consideration the available material on record including the affidavit of the mother of petitioner, or calling for any other necessary material if found necessary – Respondent shall not insist on obtaining a certificate from the doctor in whose private clinic the petitioner was born, as it is stated in the petition that the said doctor is dead and the clinic is closed. After following the due procedure of law as per Section 15 of the Registration of Births and Deaths Act, 1969 and Section 11 of the Gujarat Registration of Births and Deaths Rules, 2004, the respondent shall pass an order upon the application of the petitioner, in accordance with law, as expeditiously as possible and not later than a period of four weeks from the date of the receipt of a copy of this order– Petition Partly Allowed.
Abhilasha Kumari, J.
1. Rule. Mr. Y.C. Pandya, learned Advocate waives service of notice of Rule on behalf of respondent No. 1. On the facts and in the circumstances of the case and with the consent of learned Counsel for the respective parties, the petition is being heard and finally decided. This petition under Art. 226 of the Constitution of India, has been preferred with the following prayers:
"9 (a) That Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order/communication dated 2-4-2014 of the respondent authority and thereby direct the respondent to correct the date of birth of the petitioner as 1-11-1980 instead of 12-11-1980 in the register and her birth certificate issued by the respondent authority forthwith;
(b) Pending hearing and final disposal of this petition the Hon'ble Court may be pleased to quash and set aside the impugned order/communication dated 2-4-2014 and direct the respondent authority to correct the birth date of the petitioner as 1-11-1980 instead of 12-11-1980 mentioned in the birth certificate issued by the respondent;
(c) Such other and further relief/s as may be deemed fit and proper in view of the facts and circumstances of the case may be granted."
2. Briefly stated, the facts of the case are that, according to the petitioner, she was born on 1-11-1980, at Gandhinagar. However, inadvertently, her date of birth, in the birth certificate, has been wrongly recorded as 12-11-1980. The case of the petitioner is that, while getting admission in school, her correct date of birth, that is, 1-11-1980 was mentioned. Hence, her School Leaving Certificate shows her correct date of birth. All the other official documents of the petitioner, including her H.S.C. examination mark-sheet, PAN card, passport, driving licence and Election card, reflect her correct date of birth. The petitioner has also produced an affidavit of her mother, stating her correct date of birth. As the petitioner is to emigrate abroad, she is required to submit a birth certificate, along with other documents. She, therefore, applied to the respondent authority to issue her a birth certificate. However, on receipt of the birth certificate the petitioner realised that her date of birth has not been correctly mentioned. Due to the discrepancy in the date of birth, the petitioner is facing difficulty in the immigration process.
3. The petitioner preferred an application to the respondent to correct the entry in the Register of Births and Deaths vide an application dated 28-3-2014. Along with the application, the petitioner annexed various documents such as her Government School Leaving Certificate, Mount Carmel School leaving certificate, PAN card, passport, driving licence, driving licence of the United State of America, Secondary Board certificate, marriage certificate, I.E.L.T.S. certificate and judgment of this Court dated 13-7-2011, rendered in Special Civil Application No. 5652 of 2011.
4. The respondent rejected the application of the petitioner by stating in the impugned order dated 2-4-2014 that she has not produced the original Birth certificate and the certificate of the doctor.
5. Aggrieved thereby, the petitioner has approached this Court, by filing present petition.
6. The respondent has filed an affidavit-in-reply, wherein a stand is taken, that the petitioner has not come out with Necessary declarations from two credible persons who could testify and produce convincing evidence showing the date of birth of petitioner. It is further stated that the petitioner has not "disclosed" that her name has been changed to the present one.
7. The averments made in Paragraphs 5 and 6 of the affidavit-in-reply are as below:
"5. I say and submit that, the powers of the Registrar, Birth and Death are guided by reason and reasonableness use of which is not seemingly necessary. I obviously find missing in the record any explanation so far produce
