Petitioner sought correction in her name appearing erroneously as 'Rahima' in deceased husband's death certificate. Court abstained from writ intervention due to pending appeal and directed Appellate Authority to decide it within six weeks.
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Court No. - 40
Case :- WRIT - C No. - 35014 of 2021
Petitioner :- Raqma Farhat Respondent :- The Union Of India And 2 Others Counsel for Petitioner :- Rahul Singh,Ranjeet Asthana Counsel for Respondent :- A.S.G.I.,Pankaj Kumar,Shashank Shekhar Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
According to the petitioner she is wife of late Mohsin Nishar, who died on 24.4.2021 in J.N. Medical College Hospital, AMU because of COVID-19.
The case of the petitioner is that in the death certificate issued on 24.4.2021, name of wife wrongly came to be mentioned as Rahima in place of the petitioner. When the petitioner applied for being provided with a copy of the death certificate under RTI Act, the same was denied to her as is evident from the communication annexed at page 27. The petitioner is stated to have filed an appeal against the stand taken by the University in declining to provide her the death certificate. The appeal is pending before the Respondent no.2. The petitioner has filed the instant petition for a mandamus questioning the information furnished to her in response to the questionnaire under Right to Information Act and for a mandamus to the respondents to correct the name of the wife in the death certificate of Mohsin Nishar.
Sri Shashank Shekhar Singh, learned counsel for the respondent-University submitted that the petitioner had not applied for correction in the death certificate rather she had requested for being supplied copy of the death certificate. He submitted that in case a person applies for correction in the death certificate, he/she has to surrender the original death certificate and thereupon the requisite steps for correction are undertaken.
Be that as it may, since the appeal filed by the petitioner is stated to be pending, therefore, we are not inclined to examine the dispute in exercise of writ jurisdiction. We dispose of the writ petition with the observation that the Appellate Authority should make serious endeavor and decide the appeal expeditiously, preferably within a period of six weeks from the date of filing of true attested copy of the instant order.
The petition stands disposed of.
Order Date :- 10.1.2022 Kirti
(Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)
Raqma Farhat
The Union Of India
Other Respondent
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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