Administrative orders must align with existing government documentation when issuing certificates.

JUDGMENT

This writ petition is filed with following prayers:-

“i. issue a writ of mandamus or any other appropriate writ or order directing the respondents to register the birth of the 2^nd petitioner based on Exts. P1 to P3 and issue a ‘Birth Certificate’ with date of birth 10.04.1966, ii. to dispense with the translation of the documents produced in Vernacular Language, iii. Pass such other and further orders as are deemed fit and necessary in the interest of justice.” (SIC)

2. The 1^st petitioner is a senior citizen aged 85 years and the 2^nd petitioner is her daughter. The 2^nd petitioner is a nun now serving in Italy. The date of birth of the 2^nd petitioner recorded in her Secondary School Leaving Certificate, Driving Licence, Passport and Aadhaar Card is 10.04.1966. Exts.P1 to P3 are the Secondary School Leaving Certificate, Driving Licence, and Aadhaar Card of the 2^nd petitioner. Since, the birth certificate issued by the Local Authority is required for the 2^nd petitioner to apply for permanent resident status in Italy where she is serving now, her mother, who is the 1^st petitioner, made an application to the 2^nd respondent on 13.11.2023 for issuance of a birth certificate of the 2^nd petitioner. Ext.P4 is the receipt showing the submission of the application. Thereafter, the 1^st petitioner received a notice dated 23.11.2023 from the 1^st respondent stating that, on verification of the available records it is noticed that the birth of the 2^nd petitioner is not seen registered and requiring her to produce documents to substantiate the date of birth, place of birth and address at the time of birth of the 2^nd petitioner. Ext.P5 is the notice. In view of Ext.P5 notice, the 1^st petitioner submitted copies of Exts.P1 to P3 documents and copy of the Passport to substantiate the date of birth, place of birth and address of the 2^nd petitioner along with an affidavit dated 28.02.2024 requesting the 1^st respondent to register the birth of the 2^nd petitioner and to issue a birth certificate showing the date of birth as 10.04.1966, which is the date of birth recorded in Exts.P1 to P3 documents. Ext.P6 is the affidavit filed by the 1^st petitioner. Ext.P7 is the receipt showing the acknowledgment of the same. Thereafter, it is submitted that, as required by the 1^st respondent, the 1^st petitioner obtained and submitted a birth and baptism certificates of the 2^nd petitioner from parish church, wherein the date of birth of the 2^nd petitioner is shown as 15.02.1967 instead of 10.04.1966. Ext.P8 is the baptism certificate. In view of the conflict in the date of birth of the 2^nd petitioner between Exts.P1 to P3 and Ext.P8 certificates, the 1^st respondent by Ext.P9 required the 1^st petitioner to appear at the Jena Seva Kendra and clarify the position. Accordingly, the representative of the 1^st petitioner appeared before the 1^st respondent and pointed out that the date of birth recorded in Exts.P1 to P3 by Government Authorities may be treated as authoritative. But the 1^st respondent has not so far issued the birth certificate of the 2^nd petitioner as requested, is the submission. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents.

4. There is no dispute to the fact that, as per Exts.P1 to P3, which are the Secondary School Leaving Certificate, Driving Licence and Aadhaar Card, the date of birth of the 2^nd petitioner is shown as 10.04.1966. There is no dispute to the fact that in the Passport, the date of birth of the 2^nd petitioner is mentioned as 10.04.1966. But, in Ext.P8 baptism certificate, the date of birth of the 2^nd petitioner is mentioned as 15.02.1967. According to the petitioners, this is an error. I am of the considered opinion that, in the light o