The registration authority has a statutory duty to correct clerical or substantive errors in birth records upon being satisfied with credible evidence. Refusing such applications by imposing arbitrary requirements to produce additional medical certification constitutes a failure to exercise vested jurisdiction.

JUDGMENT :

1. RULE returnable forthwith. Mr. Nikunj Kanara, learned AGP waives service of notice of rule on behalf of the respondent no. 1 and Mr. Deepak Sanchela, learned counsel waives service of notice of rule on behalf of the respondent no. 2.

2. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.

3. Present petition is filed by the petitioner under Articles 14, 19, 21, 226 and 227 of the Constitution of India read with the provisions of Registration of Births and Deaths Act, 1969 seeking following reliefs:

“A. This Hon'ble Court be pleased to admit and allow the present petition;

B. This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 to correct the entry in the birth register and issue a fresh corrected Birth Certificate showing the Petitioner's date of birth as 14/07/1981.

C. Pending admission, hearing, and final disposal of this petition, this Hon'ble Court may be pleased to direct the Respondent No. 2 to consider the Petitioner's application in accordance with law and documentary evidence, without insisting upon hospital records.

D. This Hon'ble Court may be pleased to grant any other and further relief as may be deemed fit and proper in the facts and circumstances of the case.”

4. Brief facts giving rise to the present petition are that, the correct date of birth of the Petitioner is 14/07/1981, but due to an inadvertent error by Soni Nursing Home, Himmatnagar, the same was incorrectly recorded as 15/07/1981 by Himmatnagar Nagarpalika at the time of registration. That, the Petitioner's correct date of birth, i.e., 14/07/1981, is consistently recorded in all other official and government-issued documents such as: school leaving certificate, Passport, Aadhaar Card, PAN Card, Driving License etc. That, the Petitioner is employed as an engineer in a private company in Kuwait, and requires the corrected birth certificate for employment and visa related formalities. Upon obtaining a birth certificate from the respondent authority, the Petitioner discovered the discrepancy in the recorded date of birth. That, the Petitioner submitted a written application dated 14/11/2024 to the office of Respondent No. 2 (Himmatnagar Nagarpalika) along with supporting documents requesting correction of the date of birth which came to be rejected vide communication dated 14.12.2024. That, the Petitioner was orally informed by the Respondent No. 2 that the correction could only be made if Soni Nursing Home, the hospital that initially provided birth details, issued a correction certificate. Being aggrieved by the inaction of the respondent no.2, the petitioner has preferred the present petition.

5. Heard the learned counsel for the respective parties. Perused the materials available on record.

6. Learned counsel Mr. Ankit Pandya has submitted that the impugned communication passed by the respondent no.2 is unjust, arbitrary, erroneous and contrary to the facts and material on record and the provisions of the Act and therefore, is required to be quashed and set aside. He has submitted that section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 , empowers the Registrar to correct clerical or factual errors in the register based on reliable documentary evidences. He has submit