The legal framework under Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 empowers the authorities to make corrections in birth records based on documentary evidence.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 18.06.2021 passed by the Respondent No.3 and has further prayed for changing the name of petitioner in her birth record as “Chandrikaben” from “Chandraben” and the date of birth of the petitioner from “03.12.1967” to “01.06.1967”.

2. Considering the short issue on hand by consent of the parties, matter is taken up for final hearing. Hence, Rule. Learned Assistant Government Pleader waives service on behalf of Respondent Nos.1 and 2 – State Authorities. As far as Respondent No.3 is concerned, despite the service of notice Respondent No.3 has not appeared. The Respondent Nos.1 and 2 are competent to direct Respondent No.3 to pass necessary orders pursuant to the order passed by this Court and, therefore, even in absence of Respondent No.3 matter was heard finally.

3.1 It is the case of the petitioner that actual date of birth of the petitioner is ‘01.06.1967’ whereas in the column no.3 of birth certificate of the petitioner, it is wrongly stated as 03.12.1967. Similarly, the actual name of the petitioner viz. Chandrikaben whereas in the birth certificate her name is stated as ‘Chandraben’.

3.2 In support of her claim for making necessary correction, the petitioner has placed on record the documents like School Leaving Certificate, Pan Card, Driving License, Aadhar Card, Election Card as well as her Passport.

3.3 When the petitioner made an application dated 14.06.2021 with the aforesaid documents to the respondent no.3 authorities, the respondent no.3 authority, vide order dated 18.06.2021, rejected the application of the petitioner by stating that in view of Government Resolution dated 12.08.2009 it is not permissible to make necessary change in the birth record and, therefore, rejected the application of the petitioner.

4.1 However, upon instructions, learned Assistant Government Pleader Mr.Hardik Mehta states that vide office order dated 21.02.2021 subsequently the aforesaid Government Resolution dated 12.08.2009 has been cancelled.

4.2 In view of above, considering the fact that present applicant is having all necessary documents in support of her change of date of birth as i.e.01.06.1967 and her name in her birth record as “Chandrikaben” from “Chandraben” learned Assistant Government Pleader states that appropriate order be passed.

5. 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 provid