JUDGMENT

1. Rule returnable forthwith. Ms. Dixa Pandya, learned Assistant Government Pleader, waives service of notice of Rule for and on behalf of the respondents.

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 Article 226 of the Constitution of India read with the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

“(A) Be pleased to allow this petition.

(B) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents more particularly Respondent no.2 for to amend and/or correct the date of birth of the petitioner as “20/08/2000” instead of “10/10/2000” in the Birth Certificate of the petitioner as per the Adhar Card of petitioner. Annexure-”A”

(C) To pass such other and further orders necessary in the interest of justice.”

4. It is the case of the petitioner that at the time of registration of birth of the petitioner, somehow the date of birth of the petitioner was wrongly entered in the Birth Register of the respondent No.2 and therefore, the Birth Certificate issued by he respondent No.2 is showing wrong date of birth of the petitioner i.e. “10/10/2000” instead of “20/08/2000”. It is further the case of the petitioner that in all other documents of the petitioner viz., Adhar Card, Pan Card, School Leaving Certificate, the date of birth of the petitioner is shown as “20/08/2000” and therefore, it is required to be corrected in the Birth Certificate issued by the respondent No.2 also. That, the petitioner has made various representations to the respondent No.2 for correction of date of birth of the petitioner but, the respondent No.2 is insisting for appropriate orders from the Court.

5. Being aggrieved and dissatisfied with the inaction on the part of the respondent authority, the petitioner has preferred this petition.

6. Heard Mr. Rakesh Solanki, learned counsel appearing on behalf of Mr. Jucky Lucky Chan, learned counsel for the petitioner and Ms. Dixa Pandya, learned Assistant Government Pleader, appearing on behalf of the respondents.

7. Learned counsel Mr. Solanki has submitted that in all the documents of the petitioner viz., Adhar Card, Pan Card, School Leaving Certificate, the date of birth of the petitioner is shown as “20/08/2000” and therefore, the variation in the birth certificate and the said documents is coming in the way of the petitioner for performing legal formalities and therefore, it is necessary for the petitioner to get corrected the date of birth of the petitioner by entering correct date of birth as per other abovestated documents. He has further submitted that due to abovestated variation, the petitioner is facing difÏculties and therefore, the petitioner made number of representations to the respondent No.2 to change the date of birth of the petitioner as “20/08/2000” instead of “10/10/2000” in the Birth Certificate, however, the respondent No.2 informed the petitioner that they cannot correct the date of birth and insisted for appropriate orders from the Court. Over and above the grounds agitated in the memo of petition, learned counsel Mr. Solanki has urged that the present petition be allowed and the respondent No.2 be directed to correct the date of birth of the petitioner and issue fresh Birth Certificate to the petitioner.

8. I have heard the learned counsel appearing for the respective parties and perused the material placed on record. Considering the submissions canvassed by the learned counsel for the petitioner and considering the fact that the date of birth of the petitioner is recorded as “20/08/2000” in all the government documents produced by the petitioner before the respondent authority viz