ORAL ORDER

1. With the consent of the learned advocates appearing for the respective parties, the captioned petition is taken up for final hearing.

2. Draft amendment dated 14.04.2022 is allowed and the same is ordered to be taken on record. Amendment be carried out within a week from the date of receipt of this order.

3 Issue Rule, returnable forthwith. Mr. Ishan Joshi, the learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

4. Though served, none appeared on behalf of the respondent No.3 either through Party-in-Person or through ad advocate.

5. By way of this petition, the petitioner has prayed for the following reliefs :-

“(A) Your Lordships may be pelased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 23.11.2021 passed by the respondent no.3 and thereby direct the respondent no.3 to exercise power vested in him under the Registration of Birth and Deaths Act, 1969 and pass appropriate order by correcting the date of birth of the petitioner’s son from 04.09.1982 to 04.08.1982 in the interest of justice;

B. Pending hearing and final disposal of the present Special Civil Application, this Court may be pleased to direct the respondent no.3 to exercise his power vested in him under the registration of birth and death act, 1969 and pass appropriate order by correcting the date of birth in the interest of justice;

C. Such other and further reliefs as may be deemed just in the facts and circumstances of the present case may kindly be granted.”

6. By way of present petition the petitioner seeks to challenge the legality and validity of the order/communication dated 23.11.2021 addressed by the respondent no.3, Registrar of Birth and Death Department, Paneli Moti Gam Panchayat, Upleta, Rajkot, whereby the respondent No.3 refused to correct the date of birth of the petitioner’s son from ‘04.09.1982 to

04.08.1982’ in the birth certificate.

7. Mr.Digant Popat, the learned advocate appearing for the petitioner submitted that the petitioner’s son was born on 04.08.1982 but mistakenly the competent authority has issued certificate of birth showing his date of birth as 04.09.1982. It is further submitted that the School Leaving Certificate of petitioner’s son, his date of birth is 04.08.1982. It is submitted that even when he applied for passport his date of birth shown as 04.08.1982 and passport authority also issued his passport showing his date of birth as 04.08.1982. It is further submitted that the petitioner made an application before the respondent No.3 for correction of date of birth of his son with the necessary documents which included copy of School leaving certificate, Passport and Adhar Card of the petitioner’s son.

8. The respondent No.3 by order/communication dated 23.11.2021 refused to make correction in date of birth of the petitioner’s son in the birth certificate. The respondent No.3 declined to make aforesaid changes as sought for by the petitioner in the Birth Certificate of his son on the ground that the competent authority does not have the jurisdiction to decide the said application.

9. Heard Mr.Digant Popat, the learned advocate appearing for the petitioner and Mr. Ishan Joshi, the learned AGP appearing for the respondent – State.

10. In view of this Court, the case of the petitioner is required to be considered in view of the fact that all the documents as referred to in the said petition came to be accepted by the Registrar of Birth and Death, however the same are declined by the respondent no.3.

11. In the case of Nitaben Nareshbhai Patel v. State of Gujarat, reported in 2008 (1) GLR 884 the Coordinate Bench of this Court has considered the provisions contained in Section 15 of the Act of 1969 read with Rule 11 of the Rules of 2004 which were further considered in the case of Natubhai Dharamdas Patel v. State of Gujarat and others, reported in AIR 2018 Guj. 92 whereby the Coordinate Bench of this Cour