The Registrar has the power to make corrections to the date of birth based on documentary evidence, as provided in Section 15 of the Registration of Births and Deaths Act and Rule 11(4) and 11(5) of the Birth and Registration Rules.

JUDGMENT :

1. RULE returnable forthwith. Mr. Rohan Shah learned AGP waives service of notice of Rule on behalf of the respondent State and Mr. R.P. Patel learned advocate for Mr. B.A. Patel waives service of notice of Rule on behalf of the respondent No.2.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. The prayer in the petition is to change the date of birth of the petitioner from 05.11.1994 to 31.05.1994. The challenge is to the communication dated 21.06.2022 issued by the Nandol Gram Panchayat rejecting the request of the petitioner for change of date of birth.

4. Facts indicate that the petitioner’s date of birth is 31.05.1994 which was registered in the Registrar of Births and Deaths at Nandol Gram Panchayat. However, it was wrongly mentioned as 05.11.1994. Extensive reliance is placed on documents viz. Aadhar Card, copy of the passport, election card and the school leaving certificate, which all indicate that the birth date of the petitioner is 31.05.1994.

5. Even the prayer is also made that the name be changed to ‘Jinalben’ from ‘Sonu’. The documents attached to the petition too indicate that the name appears to be ‘Jinalben’ rather than ‘Sonu’.

6. Mr. Rohan Amin learned advocate would rely on an order dated 20.02.2018 passed by this Court in case of Natubhai Dharamdas Patel v. State of Gujarat rendered in Special Civil Application No.11841 of 2017. This Court while placing reliance on the provisions of Section 15 of the Registration of Births and Deaths Act and the decision of the coordinate bench of this Court in case of Nitaben Nareshbhai Patel v. State of Gujarat and ors. reported in 2008 (1) GLH 556 held as under :

“6. As could be seen from the background of the facts, the petitioner has produced the documentary evidence along with the evidence. The documentary evidence in the form of School Leaving Certificate and passport etc. record the date of birth of the petitioner as 01.05.1954 and therefore the prayer made for correction of date of birth as 01.05.1954 instead of 10.04.1954 as recorded in the birth certificate deserve consideration by the authority.

7. The provisions of Section 15 of Registration of Birth and Death Act provide for such correction. The Judgment of the High Court in case of Nitaben Nareshbhai Patel (supra) clearly suggest about such correction could be made if the Registrar is satisfied on the basis of material and document produced on record. Therefore, a close look at the provisions of the Act read with the Rules require to be considered.

Rule 11(5) of the Birth and Registration Rules provide:

“(5) Notwithstanding anything contained in sub rule (1) and sub rule (4), the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the District Registrar of Births and Deaths.”

Similarly, Section 11(4) of the Rules provide;

“If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the same manner prescribed under Section 15 of the Act upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.”

8. Therefore the provisions of Section 15 of the Act read with the Rules as stated above makes the position clear that it is for the Registrar to reach such satisfaction and make necessary correction on verification of the document produced before him. In other words, it is for the Registrar to arrive at the satisfaction based on the documentary evidence and thereafter he can make the correction. Thus, the Registrar is vested with such powers which he can exercise and therefore there is no lack of jurisdiction or the power. Thus, when the statute cast an obligation upon the Registrar to make such changes depending upon the facts and circumstances of each case and in the background of the material and ev