ORAL ORDER

1. By way of this writ-petition under Article 226 of the Constitution of India, the writ-applicants is challenging the communication dated 15.07.2021, by which the respondent authority refused to make changes as sought for by the writapplicants. The writ-applicants had approached the respondent authority by making a representation dated 12.07.2021 seeking change in the name of the petitioner no.2 in the column of ‘father name’ as ‘Chetan Dhirubhai Gondaliya’ in place of ‘Vrushabhbhai Jaysukhbhai Kathrotiya’ in the birth certificate of girl of the petitioners, viz. ‘Maitri'.

2. The respondent authority refused the said application preferred by the writ-applicants dated 12.07.2021 by the impugned order dated 15.07.2021. The respondent authority rejected the application seeking the aforesaid change on the ground that the respondent authority would not exercise any power to carry-out any correction in the birth certificate in light of the certain notifications and resolutions by the State Government.

3. Being aggrieved and dissatisfied with the aforesaid order refusing to make correction in the birth certificate of the daughter- ‘Maitri’ by mentioning the name of the petitioner No.2 in column of father’s name in the birth certificate, the writ-applicants are constrained to approach this Court under Article 226 of the Constitution of India seeking the following reliefs:

“(A) Be pleased to allow this petition.

(B) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the written communication dated 15.07.2021 at Annexure-F, by directing the respondent authority for to amend and / or correct or mention the name of petitioner no.2 in the column of ‘father name’ as ‘Chetan Dhirubhai Gondaliya’ in place of ‘Vrushabhbhai Jaysukhbhai Kathrotiya’ in the birth certificate of girl of the petitioners (Annexure-A) and to issue fresh birth certificates accordingly, in the interest of justice.

(C) To pass such other and further orders necessary in the interest of justice.”

4. Heard Mr. S.M. Kikani, the learned counsel appearing for the writ-applicants. Though served, the respondent has chosen not to appear in the matter.

5. The writ-applicant no.1 had married with one Vrushabhbhai Jaysukhbhai Kathrotiya on 30.11.2012 and out of the said wedlock of writ-applicant no.1 with said Vrushbhbhai, a daughter, viz. ‘'Maitri'’ was born on 22.06.2015. Pursuant to that, on 25.06.2015, her birth was registered with the sub office of the respondent at Varachha Zone, Surat. Due to matrimonial disputes between the writ applicant no.1 and her husband, they decided to get separated, and therefore, they had executed a deed of divorce on 24.10.2019 and they mutually decided to keep custody of minor child with mother i.e. writ applicant no.1. Thereafter, on 25.05.2020, the writ applicant no.1 got married with the writ applicant no.2 at Surat. The writ-applicant No.2 adopted the minor daughter-'Maitri' with the consent of the family members and by way of adoption deed duly executed between the parties which came to be registered before the office of the Registrar vide Registration No. 5018 on 19.04.2021.

6. In view of above, the writ-applicants approached the respondent authority for necessary changes in the name of writ-applicant no.2 as father instead of his biological father in the birth certificate by entering the name of the writ-applicant no.2 in the column of father’s name as ‘Chetan Dhirubhai Gondaliya’ in place of ‘Vrushabhbhai Jaysukhbhai Kathrotiya’ in the birth certificate of daughter of the petitioners, viz. ‘Maitri'. The above changes according to the writ-applicants are necessary to see to it that no future difficulties would occur in the issuance of the process of passport and other legal formalities, etc.

7. Mr. Kikani, the learned counsel relied upon the circulars dated 15.05.2015 and 31.01.2018 duly issued by the Government of India,