The court emphasized the authority's power to correct erroneous entries in the register of birth and death as per Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the State Rules.

ORDER :

1. Heard Mr. Lalit Patel, learned counsel for the petitioner and Mr. Rituraj M. Meena, learned counsel for the respondent. Perused the record.

2. The prayer in this petition is to direct the respondent to change the name of the petitioner from Ami to Elisha. She being a minor has filed the present petition through her father Amrutbhai Chhaganbhai Makwana.

3. The case of the petitioner is that Elisha Amrutbhai Makwana was born on 27.04.2017 at Parul Hospital, Bodakdev, Ahmedabad, her true name is Elisha. On an application being made to the authorities, in a Gazette, name reflected was the changed name as Elisha Amrutbhai Makwana. A request for change was therefore made to the Municipality Authorities. The same has been rejected.

4. Mr. Meena, learned counsel for the AMC would justify the rejection and submit that in accordance with Section 15(2) of the Registration of Births and Deaths Act, 1969 and particularly Rule 11 thereof, the respondents can merely correct erroneous entries and those that are made erroneously or improperly.

5. Considering the issue on hand, particularly, when in the Gazette the name of the daughter has been changed to Elisha and in light of a decision of the Division Bench in Letters Patent Appeal No. 1002 of 2019 dated 29.04.2019, relying on the decision in the case of Nitaben Nareshbhai Patel vs. State of Gujarat and Others, 2008 (1) 49 GLR 884, the petition needs to be allowed. Relevant portion of the decision dated 29.04.2019 reads as under:

“6. The decision relied on by learned Single Judge in the case of Nitaben Nareshbhai Patel vs. State of Gujarat and Others, 2008 (1) 49 GLR 884 wherein all relevant provisions of various Act, were considered including that of Births, Deaths and Marriages Registration Act, 1886 succeeded by Registration of Births and Deaths Act, 1969, Gujarat Registration of Births and Deaths Rule, 2004 and also Higher Secondary Education Act and Rules made thereunder and even Passport Act and Rules and finally in Para 26 it was held as under:

26. Thus, in the nutshell, what emerges from the factual and legal submissions made and conclusions arrived in earlier Paragraph is as under:

(A) In view of the provisions of Section 28 of the Repealed Act of 1886 and provisions contained in Sections 29 and 31 of the Act of 1969, by which erstwhile provision of correction/cancellation of entries in the register of birth and death, which is not in derogation, remained alive in Section 15 of the new Act, and therefore, the authority is empowered to correct erroneous entries in the register of birth and death, even in a case where registration was made prior to 1-4-1970 i.e. the date on which new Act of 1969 came into force and correction of error is sought for later on.

(B) Section 15 of the Act of 1969 read with Rule 11 of the State Rules, 2004 along with Chapter 9, Clauses 9.6 and 9.7 of the Handbook of Registrar General, Ministry of Home Affairs, Govt. of India and Clause 5.8 of Chapter 5 of guidelines contained in vernacular Gujarati adequately conferred power upon the authority to correct/cancel erroneous entries and provide for complete mechanism for types of errors to be corrected.

(C) Section 15 of the Act of 1969 empowers Registrar of Birth and Death to correct any erroneous entry in form or substance or any entry which has been fraudulently or improperly made. Rule 11 of Rules, 2004 and particularly Sub-Rule (1) provide for any entry, any error which may be clerical or formal and Sub-Rule (4) of the above Rule 11 mention about any entry which may be erroneous in substance and Sub-Rule 6. of Rule 11 refer to any entry which is fraudulently or improper is to be corrected by the Registrar and an elaborate procedure is provided which prescribe method and manner in which such entry to be corrected or cancelled and report to be made to the higher authority, which may rule out in misuse of power by registering authorities.

Thus, Clause 9.6 and 9.7 of Chapter 9 of the Handbook of Registrar Gene