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NEUTRAL CITATION

C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026

0.11873229317274447

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15861 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

BHAUMIK AMRUTBHAI PARIKH Versus STATE OF GUJARAT & ANR.

================================================================

Appearance:

MR YOGESH G KANADE(3114) for the Petitioner(s) No. 1 MR VAIBHAV SHARMA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1

NOTICE SERVED for the Respondent(s) No. 2 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 06/04/2026

JUDGMENT

1. Rule returnable forthwith. Mr. Vaibhav Sharma, learned Assistant Government Pleader, waives service of notice of Rule for

and on behalf of the respondent No.1.

2. With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing

today.

3. By way of present petition under Articles 226 & 227 of the Constitution of India read with the provisions of the Registration of

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NEUTRAL CITATION

C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026

0.11873229317274447

Births and Deaths Act, 1969 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

“A. THIS HON’BLE COURT MAY BE PLEASED TO admit AND allow this petition.

B. THIS HON’BLE COURT MAY BE PLEASED TO direct the respondent authority to correct the date of birth of the petitioner (Correct DOB) 4.07.1997 instead of 02.12.1997 (Incorrect date of birth) in the birth

certificate of the petitioner in the interest of justice.

C. THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.”

4. Brief facts giving rise to the present petition are that, the petitioner was born at Village Kalol, Taluka: Kalol, District: Mahesana on 04.07.1997 and his father's name is Amrutbhai Hirabhai Parikh. That, on account of inadvertent error committed by the guardians/elders of the petitioner, the date of birth was mistakenly registered as 02.12.1997 and father's name was mistakenly registered as "Amratlal Hiralal Parmar" in the register of Kalol Gram Panchayat on 04.12.1997. That, at the time of applying visa process the applicant proceed to get his birth certificate from the Kalol Gram Panchayat and on receiving the same, the petitioner found that the birth certificate shows his incorrect birth date i.e 02.12.1997 in column no. 3 of his birth certificate instead of 04.07.1997 (Correct date of birth). That, the petitioner came to know from his parents that his original date of birth is "04.07.1997" and in all the other documents viz., School Leaving Certificate, Election Card, PAN Card, Unique Identity Card (Aadhar Card) and passport and identity proof the actual date of the birth of the petitioner is mentioned as “04.07.1997”. That, the petitioner declared the above fact by afÏrming an afÏdavit showing his correct date of birth on the stamp

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NEUTRAL CITATION

C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026

0.11873229317274447

paper and also tendered an application to the respondent No.2 to make correction in Birth Certificate by relying on such Govt. record. However, the respondent No.2 replied to the petitioner that he can change the name of the father in his birth certificate but, the date of birth is the base of the registration of the birth and it cannot be

changed under the norms of the Birth and Death registration Act.

6. Bei