The Registrar of Births and Deaths is statutorily mandated under Section 15 of the Births and Deaths Registrations Act, 1969, to correct erroneous entries; a refusal to exercise this jurisdiction is arbitrary and warrants a writ of mandamus.

ORAL JUDGMENT

1. RULE returnable forthwith. Learned Assistant Government Pleader waives services of notice of rule on behalf of the respondent – State Authorities.

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

3. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of the Births and Deaths Registrations Act, 1969 for quashing and setting aside the order dated 04.10.2024 passed by respondent No.2 and for direction to the respondents to issue birth certificate to the petitioner mentioning her date of birth as 21.07.1951 at Village Chowki, Taluka and District: Junagadh.

4. Heard Mr.Kunal Shah, learned counsel for the petitioner and Mr.Angesh Panchal, learned Assistant Government Pleader for the respondent – authorities.

5. Learned counsel for the petitioner, has submitted that the impugned order passed by respondent No.2, deserves to be quashed and set aside as the said respondent has not exercised the jurisdiction vested upon it to issue the Birth Certificate. It is also submitted that the the petitioner has produced two afÏdavits of elder to support her case, but the same has not been considered by the authority. As such, the said respondent – authority has failed to discharge its statutory duties and to exercise the power conferred upon it by way of the statute, which has resulted in serious miscarriage of justice.

5.1 It is submitted that this issue is no longer res integra and this Court has, in the case of Nitaben Nareshbhai Patel Vs. (The) State of Gujarat and Others, reported in 2008 (1) GLH 556, held that when the Competent Authority fails to exercise the powers conferred by the statute, a writ of mandamus can certainly be issued to such authority to act in accordance with the provisions of the statute. It is, therefore, submitted that the prayers made in the petition be granted.

6. Learned Assistant Government Pleader, submits that in view of the principles of law enunciated in the judgment of Nitaben Nareshbhai Patel v. (The) State of Gujarat and Ors. (supra), the Court may pass an appropriate order.

7. This Court has heard learned counsel for the respective parties, perused the averments made in the petition and documents annexed thereto, including the impugned order. In this context, it would be pertinent to refer to the provisions of Section 15 of the Act, which confers the power of correction or cancellation of an entry in the Register of Births and Deaths. The said provision reads as below:

“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 correct 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.”

8. In addition thereto, reference may be made to Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 , which lays down the procedure for correction or cancellation of an entry in the Register of Births and Deaths. This rule is reproduced as below:

"11. Correction or cancellation