GAHC010237222025 2025:GAU-AS:15528

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6350/2025

ADITI SHARMA

DAUGHTER OF LATE GOLAP CHANDRA SHARMA, RESIDENT OF HOUSE

NO. 19, S. G. RESIDENCY, FLAT NO. 2D, UDAY PATH, ZOO TINIALI P.O. ZOO

ROAD, IN THE DISTRICT OF KAMRUP METRO, ASSAM, PIN- 781024 AND

PERMANENT RESIDENT OF PANIKHAITI, NARENGI, KAMRUP METRO,

PIN- 781026.

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF

ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM

SECRETARIATE, DISPUR, ASSAM, PIN -781006.

2:THE DIRECTORATE OF HEALTH SERVICES CUM THE CHIEF REGISTRAR

BIRTHS AND DEATHS

ASSAM

HEALTH COMPLEX

LICHUBAGAN HENGRABARI

GUWAHATI

ASSAM

PIN- 781036.

3:THE REGISTRAR BIRTHS AND DEATHS

OFFICE OF THE CHIEF REGISTRAR BIRTHS AND DEATHS

ASSAM

HEALTH COMPLEX

LICHUBAGAN HENGRABARI

GUWAHATI

ASSAM

PIN- 781036.

4:SMTI BALA CHETRI C/O. GOLAP CHANDRA SHARMA RESIDENT OF PANIKHAITI NARENGI KAMRUP METRO PIN- 781026.

5:ASHISH MALAKAR THE CHIEF EXECUTIVE OFFICER ASSAM HOSPITALS LIMITED APOLLO HOSPITAL INTERNATIONAL HOSPITAL UNIT GUWAHATI KAMRUP METRO PIN- 781005 Advocate for the Petitioner : MR. M R SODIAL, MR S AHMED,MR. M H SAIKIA,MS S Z HAYAT,MS B H SHIRIN Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 17.11.2025 Heard Mr. R. Ali, learned counsel for the petitioner and Ms. D. Bora, learned Standing Counsel, Health and Family Welfare Department for the respondent nos. 1, 2 & 3.

2. Having regard to the limited nature of the grievance involved, this writ petition is taken up for final consideration without issuing notice to the private respondent nos. 4 – 5, for the reason, mentioned hereinafter.

3. The petitioner has stated that the petitioner’s father, Golap Chandra Sharma expired on 01.04.2024 while undergoing treatment at Apollo Hospital [International Hospital Unit] at Guwahati. The name of the mother of the petitioner and the wife of Late Golap Chandra Sharma is Anu Sharma Seth.

4. The petitioner has stated that when the petitioner applied for obtaining a Next-of-Kin Certificate, the petitioner came to learn that a Death Certificate in respect of death of Late Golap Chandra Sharma has already been issued by the Registrar [Birth & Death], O/o the Chief Registrar of Births & Deaths, Guwahati as per the provisions of Section 12 read with Section 17 of the Registration of Births and Death Act, 1969 [‘the 1969 Act’, for short] and Rule 8 read with Rule 13 of the Assam Registration of Births and Deaths Rules, 1999 [‘the 1999 Rules’, for short]. In the said Death Certificate, issued in respect of Late Golap Chandra Sharma, the name of one Bala Chetri [the respondent no. 4] has been mentioned as the wife of Late Golap Chandra Sharma instead of the petitioner’s mother, Anu Sharma Seth.

Aggrieved thereby, the petitioner has approached this Court by the instant writ petition.

5. Section 15 of the 1969 Act has provided power to the Registrar for correction of cancellation of entry in the register of death.

6. Section 15 of the 1969 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.

7. The procedure for correction or cancellation of entry in the register of the Registrar of Births and Deaths has been laid down in Rule 11 of the 1999 Rules, providing as under :-

11. Correction or cancellati