The central legal point established is the authority's power to correct errors in birth certificates and the requirement to consider supporting documents for name correction.

ORDER :

1. Issue Rule, returnable forthwith. Mr.Niraj Sharma, the learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State. Mr. Rituraj Meena, the learned Counsel for the Respondent No. 2 Ahmedabad Municipal Corporation waives service of notice of Rule on behalf of the respondent- Ahmedabad Municipal Corporation.

2. The Petitioner has filed this Petition for the following relief:-

a) This Hon’ble Court may be pleased to issue writ of mandamus and/or any other appropriate writ, direction and order to quash and set aside order dated 20.06.2022 passed by the respondent No. 2, Annexure A, in so far as it relies on the extraneous considerations and refuses to correct the name of the Petitioner as “Zil”.

b) command the Respondent(s) to accept the application of the Petitioner for correction in the Birth Certificate incorporating the name of the Petitioner as “ZIL” in place of “Drashti” in the Birth Register of Maninagar Page No. 47 for Month November of year 1990 at entry No. 6323 registered on 29.11.1990 and make necessary corrections in the birth register as required under law and in the interest of justice;

3. The Petitioner had earlier filed Special Civil Application No. 4959 of 2022 under Article 226 of the Constitution of India, wherein the petitioner had prayed for the following reliefs :-

“(a) This Hon’ble Court may be pleased to issue writ of mandamus and/or any other appropriate writ, direction and order to quash and set aside order dated 30.11.2021 passed by the respondent no.2;

(b) Command the respondent to accept the applicant of the petitioner for correction in the Birth Certificate incorporating the name of the petitioner as “Zil” in place of “Drashti” and family name as “Mistry” in place of “Mistri” in the Birth Register of Maninagar Page No.47 for Month of November, year 1990 at entry no.6323 registered on 29.11.1990 and make necessary corrections in the birth register as required under law and in the interest of justice.”

4. By way of that petition the petitioner sought to challenge the legality and validity of the communication dated 30.11.2021 addressed by the respondent No.2 – Ahmedabad Municipal Corporation, Registrar of Birth, Death & Marriages, Ahmedabad 380022, whereby the respondent No.2 refused to correct the name of the petitioner from ‘Drashti to Zil’ and family name from 'Mistry to Mistri" in the birth certificate.

5. After hearing parties, this Court by passing order dated 31.03.2022 and after discussing the law on the subject and holding that the Respondent No. 2 had powers to make corrections in the records after considering the Section 15 of the Registration of Birth and Death Act and Rule 11(4) of the Rules, 2004 in para 14 of the Judgment quashed and set aside the communication dated 30.11.2021 and directed as under:

“14. In view of ratio as laid down by this Court and the provisions of law as referred above, the impugned communication dated 30.11.2021 addressed by the respondent No.2 – Ahmedabad Municipal Corporation, Registrar of Birth, Death & Marriages, Ahmedabad 380022, is hereby quashed and set aside. The matter is remitted back to the respondent No.2 – Ahmedabad Municipal Corporation, Registrar of Birth, Death & Marriages, Ahmedabad 380022, for deciding the application dated 04.08.2021 afresh. The respondent No.2 is directed to decide the application/representation dated 04.08.2021 made by the petitioner after taking into consideration the documents produced by the petitioner and make necessary changes. The respondent No.2 is directed to decide the said application in accordance with law preferably within a period of four weeks from the date of receipt of copy of this order.”

7. Mr. Darshan Parikh, the learned advocate appearing for the petitioner submitted that the petitioner’s name was wrongly mentioned as ‘Drashti’ and correct name is ‘Zil’ as well as her family name was wrongly mentioned as 'Mistry' instead of 'Mistri' in the birth certificate. It