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2022 Supreme(Guj) 1305

BIREN VAISHNAV
PATEL TEJASKUMAR DHARAMCHAND – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: JIGNESHKUMAR M. NAYAK.
For the Respondents: SHRUNJAL SHAH, RITURAJ M. MEENA.

ORDER :

1. Heard learned counsel for the respective parties.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed that his date of birth be changed from 06.08.1981 to 07.07.1981 and his name in the birth certificate be entered as Tejaskumar.

3. Learned counsel for the petitioner, would rely on documents such as Pan Card, School Leaving Certificate, Aadhar Card as well as Passport of the petitioner which indicate that the petitioner’s date of birth is 07.07.1981 and his name is Tejaskumar. Reliance is placed on a decision rendered by Co-ordinate Bench of this Court in Special Civil Application No. 21302 of 2019 dated 02.12.2021. Relevant paragraph of the said decision read as under:

    “9. At this stage, the provisions of Section 15 of the Act of 1969, are also worth referring to. Section 15 reads thus:

“15. Correction or cancellation of entry in the register of births and deaths - If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the Sta

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