IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2670 of 2025 ================================================================

GIRISHKUMAR KACHRABHAI PATEL Versus THE STATE OF GUJARAT & ANR.

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Appearance:

MR KEYUR A VYAS(3247) for the Petitioner(s) No. 1 DR VENUGOPAL PATEL, AGP for the Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 19/02/2026

ORAL ORDER

1. Rule. Learned AGP waives service of notice of rule on behalf of the respondents.

2. By the present writ petition, the petitioner prays for an appropriate writ or direction to respondent No.2 to issue a fresh birth certificate after making necessary correction in the date of birth and the father’s name of the petitioner.

3. It is the case of the petitioner that the petitioner is born on 01.10.1971 and the father’s name of the petitioner is Patel Kachrabhai Ishwardas, however in the book of the Birth Register, the date of birth has been mentioned as 29.10.1971 and the father’s name has been mentioned as Patel Kachrabhai Ishwarbhai.

4. Learned advocate for the petitioner submits that in birth certificate, which was issued on 10.12.2024, the date of birth typed has been erroneously written as 29.10.1971 and the father’s name has also been erroneously written as Patel Kachrabhai Ishwarbhai. Learned advocate for the petitioner submits that the said discrepancy was brought to the notice of the respondents No.2. However, by the impugned order dated 10.01.2025, the respondent no.2 has rejected the said application for correction on the ground that he has no power to make any correction in the birth registration book. He submits that in all government documents of the petitioner i.e. School Leaving certificate, Passport, Aadhar Card and Pan Card, the correct date is mentioned as 01.10.1971 and the father’s name of the petitioner is mentioned as Patel Kachrabhai Ishwardas. In support of his submissions, he has placed reliance on the judgment of this Court in the case of Nitaben Nareshbhai Patel vs State Of Gujarat And Ors., reported in 2008 (1) GLH 556. He, therefore, submits that appropriate direction be issued to respondent no.2 for necessary corrections in the birth certificate.

5. Per contra, learned AGP appearing for the respondent nos.1 and 2 submits that appropriate order may be passed in the present case.

6. Considered the submissions and perused the documents on record.

7. This Court in Special Civil Application No.21302 of 2019 dated 01.12.2021 has held as under:-:-

“9. At this stage, the provisions of Section 15 of the Act of 1969, are also worth referring to. Section 15 reads thus:

“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.”

10. Similarly, the State Government, has framed the Rules of 2004, relevant would be sub-rule (4) and sub-rule (5) of the Rule 11. Sub-rule (4) and sub-rule (5) of Rule 11 read thus:

“(4) If any person asserts that any entry in the register of Births and Deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 of the Act upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.

(5)