Disposed

Sarala Kalita v. the State of Assam and 3 Ors.

Gauhati HC6 Apr 2022WP(C)/2140/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking a direction to provide a free death certificate. The Bench held no need for adjudication on entitlement, directing the parties to apply for additional copies via the Registrar by depositing the prescribed fee. An application for copies must be decided within two weeks.

What did the court decide?

The writ petition is disposed of; parties are directed to apply to the Registrar for additional copies by paying the prescribed fee, with a directive to process such applications within 2 weeks.

Sarala Kalita Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010058982022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2140/2022

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SARALA KALITA W/O LATE LANGKESWAR KALITA R/O VILL- BARGHOPA P.O. CHENGNOI, P.S. GHAGRAPAR DIST. NALBARI, ASSAM, PIN- 781369

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI781006.

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2:THE DIRECTOR OF HEALTH SERVICES

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ASSAM HENGRABARI P.O. DISPUR GUWAHATI-781006.

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3:THE SUPERINTENDENT

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GAUHATI MEDICAL COLLEGE HOSPITAL BHANGAGARH GUWAHATI-781005 DIST. KAMRUP (M) ASSAM

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4:MS. PINKY CHETIA D/O SRI RANJIT CHETIA C/O SUPERINTENDENT

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GAUHATI MEDICAL COLLEGE HOSPITAL

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BHANGAGARH GUWAHATI-781005 DIST. KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. M K BAROOAH

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Advocate for the Respondent : SC, HEALTH AND F W

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 06-04-2022

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Heard Mr. A. Gogoi, learned counsel for the petitioner; Mr. D. Upamanyu, learned Standing Counsel, Health & Family Welfare Department, Assam for the respondent nos. 1-3; and Ms. S. Bora, learned counsel for the respondent no. 4.

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The subject-matter in this writ petition is issuance of a copy of a death certificate in respect of death of one Bhupen Kalita, who expired during treatment at the Gauhati Medical College & Hospital, Guwahati [GMCH] on 17.12.2021.

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The petitioner has claimed to be the mother of the deceased, Late Bhupen Kalita whereas the respondent no. 4 has claimed to be the wife of said Late Bhupen Kalita.

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The projection made by the petitioner in the writ petition is as follows :- on 15.12.2021, Bhupen Kalita was admitted at the GMCH in a serious condition. While undergoing treatment at the GMCH, Bhupen Kalita expired on 17.12.2021. As per the medical certification of death issued by the GMCH, Bhupen Kalita

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expired due to cardiac failure with the antecedent causes being shown as chronic liver disease and Type-II diabetes mellitus. Late Bhupen Kalita was driver constable in the Assam Police The petitioner has thereafter, submitted an application for providing her a copy of the death certificate in respect of Late Bhupen Kalita on 21.01.2022 and the said application was duly received by the respondent no. 3 on 21.01.2022. Another application on the same subjectmatter from the petitioner was received by the respondent no. 3 on 24.02.2022. When a copy of the death certificate has not been issued to the petitioner, the petitioner has approached this Court by this writ petition seeking a direction to the respondent authorities to provide her a copy of the death certificate in respect of death of her son, Late Bhupen Kalita.

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Sub-Section [1] of Section 8 of the Registration of Births & Deaths Act, 1969 has mentioned about the persons required inter alia to register deaths. As per Clause [b] of Section 8[1], in respect of a death in a hospital, the Medical Officer In-Charge or any person authorized by him in this behalf shall have to give or shall cause to be given, either orally or in writing, according to the best of his knowledge and belief, information to the Registrar of the several particulars required to be entered in the forms prescribed by the State Government under sub-section [1] of Section 16. Section 16[1] requires the Registrar to keep in the prescribed form a register of deaths for the registration area or any part thereof in relation to which he exercises jurisdiction. Sub-rule [4] of Rule 8 of the Assam Registration of Births and Deaths Rules, 1999 has inter alia provided that in case of institution events of deaths, as referred to in Clause [b] of sub-section [1] of Section 8, the nearest relative of the deceased may collect the extract from the Officer or person in-charge of the institution concerned and extract of registration entries under Section 12 of the

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Registration of Births and Deaths Act, 1969 within 30 [thirty] days of the occurrence of the event of death.

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The petitioner being the mother of the deceased under reference is prima facie a nearest relative of the deceased.

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The Health & Family Welfare [A] Department, Government of Assam has issued an Office Memorandum bearing no. HLA.100/2012/198 dated 08.04.2013 on the subject ‘Issuance of Death Certificate’.

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The said Office Memorandum has reiterated that in case the place of occurrence of death is institutional hospital/other health/nursing homes, etc., the In-charge of the Institution or any person authorized by the Institution are the informant and notifiers under the Registration of Births and Deaths Act, 1969. For registering institutional death, the informant has to submit an application in the office of the Registrar of Births and Deaths along with medical certificate of cause of death for institutional cases in the death reporting form [Form No-2] at the nearest Registration office within 21 days of occurrence and get an extract [Death Certificate] with free of cost. The Office Memorandum has further mentioned about the institutional wise existing Registrars of Births and Deaths in the State of Assam. In relation to the GMCH, it is the Superintendent of the GMCH who is the Registrar and will register the event of deaths. The Office Memorandum has further mentioned that a person can have additional copy of the certificate on payment of prescribed fee per copy. It is also mentioned therein that there is no limit for applying for additional number of copies. The Office Memorandum has further prescribed that the fee for extra copy of a death certificate is Rs. 5/- per copy.

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In view of the above explanation provided in the Office Memorandum

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dated 08.04.2013 of the Health & Family Welfare [A] Department, Government of Assam and the provisions contained in the Registration of Births and Deaths Act, 1969 and the Assam Registration of Births and Deaths Rules, 1999, there is no necessity for any adjudication in this writ petition regarding the entitlement of the petitioner.

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It is open for both the petitioner and the respondent no. 4 to apply for additional copies of the death certificate in respect of the death of Late Bhupen Kalita before the Registrar of Births and Deaths, GMCH by depositing the prescribed fee as mentioned in the Office Memorandum dated 08.04.2013 and in the event such an application is filed by the petitioner, the additional copy of the death certificate shall be provided by the said authority within 2 [two] weeks from the date of receipt of such application from the petitioner.

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With the observations made and directions given above, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sarala Kalita v. the State of Assam and 3 Ors.

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Sarala Kalita v. the State of Assam and 3 Ors.

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