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HIGH COURT OF GUJARAT
APM
HARSH HARIPRAKASH SONI – Appellant
Versus
GUJARAT SECONDARY AND HIGHER SECONDARY BOARD – Respondent
ORDER :
1. By the present petition under Article 226 of the Constitution of India, the petitioner seeks direction upon the respondent authorities to correct the name of his father in the school leaving certificate as well as in the SSC mark-sheet, as “Hariprakash” instead of “Harish” on the basis of the birth certificate and other statutory documents produced at Annexure-C of the petition.
2. It is submitted by the learned counsel for the petitioner that the name of the father of the petitioner is Hariprakash and the same has been correctly mentioned in the Birth Certificate issued by the Ahmedabad Municipal Corporation. However, the error has crept in the School Leaving Certificate issued by respondent No.3 school as well as in the SSC mark-sheet issued by respondent No.1, in which the name of the father of the petitioner has been shown as “Harish” instead of “Hariprakash”. He, therefore, submits that this is a bona fide error on the part of the School as well as the respondent Board Authority and the same may be accordingly corrected.
3. Learned counsels for the respondents submit that in view of Section 15 of Registration of Births and Deaths Act, 1969 and Rule 11 of Gujarat Regist
The court affirmed the necessity to correct discrepancies in official documents based on statutory evidence, prioritizing the Birth Certificate for name corrections.
The court affirmed the necessity to correct the date of birth in official records based on the statutory birth certificate, emphasizing its evidentiary value.
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 o....
The main legal point established in the judgment is that circulars cannot override statutory provisions, and the competent authority cannot simply rely upon a circular and reject a request without ma....
The court affirmed that a birth certificate must be amended to reflect the adoptive father's name post-adoption, recognizing the high evidentiary value of registered documents.
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 corre....
Date of birth correction - Birth Certificate issued by the competent authority under the provisions of the Act of 1969 is a statutory certificate, which has very high evidentiary value and respondent....
Statutory provisions override circulars, and authorities must initiate necessary inquiry as per the relevant legal provisions for correcting birth certificate entries.
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