The respondent authority has the power to make corrections in the birth certificate under Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004.

ORDER :

1. Leave to amend prayer clause is granted.

Amendment be carried out forthwith.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order/communication dated 25.10.2021 passed by respondent No.2 and to direct the respondent authority to consider application of the petitioner for making necessary correction in the birth certificate.

3. With the consent of learned advocates for the parties, the matter is taken up for hearing. Though served, no one appears for the respondent No.2 authority, which is empowered to make necessary correction. Mr. Mehta, learned AGP is directed to ensure that the present order be implemented by respondent No.2.

4. Rule. Mr.Mehta, learned AGP waives service of notice of rule for respondent No.1.

5. It is the case of the petitioner that actual name of the petitioner is Jigneshkumar and actual name of mother of petitioner is Kailashben, however, in the birth certificate of the petitioner, name of the petitioner is mentioned as Babubhai and mother of the petitioner is mentioned as Kayilashben.

5.1 In support of his case, the petitioner has produced on record various documents like School Leaving Certificate, Pan Card, Passport, Aadhar Card of the Petitioner to show that name of the petitioner is Jigneshkumar and mother of the petitioner is Kailashben.

5.2 The petitioner preferred an application for making necessary correction in the Birth Register vide application dated 20.10.2021. However, the aforesaid application was rejected by respondent No.2 vide order dated 25.10.2021 by stating that such correction is not permissible by respondent No.2. The aforesaid action of the respondent No.2 is challenged by the petitioner.

6. Mr.Mangal Gadhvi, learned advocate for the petitioner has placed reliance on the order dated 08.07.2022 passed in Special Civil Application No.474 of 2022 and the order dated 05.12.2012 passed in Special Civil Application No.8556 of 2012 and has submitted that the impugned order may be quashed and set aside.

7. At this stage, it would be apposite to refer to the observations made by the Coordinate Bench in the order dated 05.12.2012 passed in Special Civil Application No.8556 of 2012:

“7. Section 15 of the Act, the Registrar has power for correction or cancellation of entry in the Register of Births and Deaths Act, 1969. Section 15 of the Act reads as under:

“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 State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.”

8. Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 relates to correction or cancellation of entry in the Register of Births and Deaths, reads as under:

“(1) If it is reported to the Register that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall inquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in Section 15 of the Act and shall send an extract of the entry showing the error and how it has been corrected to the District Registrar of Births and Deaths.

(2) In the case referred to sub rule (1) if the register is not in the possession of the Registrar, he/she shall make a report to the District Registrar of Births and deaths and call for the relev