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2025 Supreme(GUJ) 595
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21048 of 2023 ==========================================================
REKHABEN SURESHBHAI JETHVA Versus STATE OF GUJARAT & ORS.
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Appearance:
MS NAYNAVATI S JETHVA(10030) for the Petitioner(s) No. 1 MS DHARITRI PANCHOLI AGP for the Respondent(s) No. 1 HL PATEL ADVOCATES(2034) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 2,4 ==========================================================
CORAM: HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 26/03/2025
Important Points
Subject
Civil Law - Administrative Law
Headnote
(B) Evidentiary Value - Birth Certificate holds high evidentiary value as a statutory certificate and is crucial for correcting discrepancies in official records. (Paras 5-6)
Facts of the case:
The petitioner was born on 18.09.1966, but the school recorded the date as 18.09.1963. The petitioner’s parents have passed away, and the correct date is necessary for various official documents. A representation for correction was pending.
Findings of Court:
The mistake in the school record was bona fide and should be corrected to align with the birth certificate.
Issues: The main issue was whether the date of birth recorded in the school leaving certificate could be corrected based on the birth certificate.
Ratio Decidendi: The court emphasized the importance of the birth certificate as a statutory document with high evidentiary value, necessitating the correction of the school record.
Result: Writ petition allowed.
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 date of birth of the petitioner in the school leaving certificate from 18.09.1963 to 18.09.1966.
2. It is submitted by the learned counsel for the petitioner that the petitioner was born on 18.09.1966 at Ahmedabad and the birth of the petitioner was duly registered with the Ahmedabad Municipal Corporation. It is submitted that however, at the time of admission in the respondent No.4 school, the date of birth of the petitioner was wrongly recorded as 18.09.1963 instead of 18.09.1966. Unfortunately, the father of the petitioner passed away on 07.09.1970 and mother of the petitioner also passed away on 14.11.1977. It is submitted that the petitioner is in the business of garments and therefore, in all important documents like Pan Card, Adhar Card etc., his date of birth is required to be recorded correctly. The petitioner also made a representation dated 13.09.2023 to the respondent authority, which is still pending consideration.
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 Registration of Births and Deaths Rules, 2004, the authority has power to correct the mistakes.
4. Heard the learned counsels for the parties and perused the documents on record.
5. It is not disputed that the Birth Certificate issued by the Ahmedabad Municipal Corporation records the correct date of birth of the petitioner. Further, based on the said birth certificate, the petitioner had taken admission at respondent No.4 school. The mistake in recording the date of birth of the petitioner is bona fide mistake and is required to be corrected so that the said discrepancy is not carried any further. Moreover, the School Leaving Certificate is the document of vital nature and plays important role.
6. Further, the Birth Certificate as produced by the petitioner is a statutory certificate issued by the Ahmedabad Municipal Corporation and has a very high evidentiary value. The date of birth of the petitioner in the Birth Certificate has been recorded as per the statutory provisions under the Registration of Births and Deaths Act, 1969. Once the error, as has crept in, the same is required to be corrected. More so, when there is no dispute with respect to the date of birth in the Birth Certificate produced by the petitioner.
7. In view of the submissions made and for the above-mentioned reasons, the writ petition is ALLOWED. The respondents herein are directed to correct the date of birth of the petitioner in the School Leaving Certificate from 18.09.1963 to 18.09.1966 within a period of FOUR WEEKS from the date of receipt of this order and fresh School Leaving Certificate be issued accordingly. There shall be no order as to costs.
Direct Service is permitted.
