Dismissed

Barnali Das v. the State of Assam

Gauhati HC16 Mar 2025WP(C)/1477/2025

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a duplicate death certificate for her minor daughter to facilitate school admission, as the original was refused to her by the first wife. The court noted existing statutory provisions and an Office Memorandum allowing anyone to obtain extra copies upon payment of a nominal fee. It directed the authorities to issue the duplicate within two weeks upon ap

What did the court decide?

The widow to apply for extra copy by depositing prescribed fee; the authority to provide the additional copy within two weeks from receipt of application.

Barnali Das Vs the State of Assam — Public Procurement and Tenders | Gauhati HC (2025)

Page No. 1/5

GAHC010051302025

2025:GAU-AS:2862

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

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Case No. : WP(C)/1477/2025

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BARNALI DAS

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WO.LATE RAJENDRA KUMAR GUPTA R/O-BIRUBARI, NIZORAPAR, GUWAHATI P.O- GOPINATH NAGAR, DIST KAMRUP(M),GUWAHATI. PIN781016

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VERSUS

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THE STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI781006

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2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781006.

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3:THE JOINT DIRECTOR OF HEALTH SERVICES ASSAM UZAN BAZAR GUWAHATI ASSAM PIN-781003

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4:THE REGISTRAR (BIRTH AND DATE) OFFICE THE JOINT DIRECTOR OF HEALTH SERVICES ASSAM UZAN BAZAR GUWAHATI ASSAM PIN-781003

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5:THE STATISTICAL OFFICER

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Page No. 2/5

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OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES ASSAM UZAN BAZAR GUWAHATI-781003

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6:LEELA GUPTA W/O- LATE RAJENDRA KUMAR GUPTA

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R/O- PARAMOUNT GRANDE NEAR SARUSAJAI STADIUM NH-36 LOKHRA GUWAHATI-34 KAMRUP METRO ASSAM

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Advocate for the Petitioner : MS. S KANUNGOE, MS. S HALOI,C V INTONG,MR. D MAZUMDAR

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Advocate for the Respondent : SC, HEALTH,

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 17-03-2025

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Heard Ms. S. Kanungoe, learned counsel for the petitioner and Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare Department for the respondent nos. 1 – 5.

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The subject-matter in this writ petition is non-issuance of a copy of the Death Certificate in respect of death of one Late Rajendra Kumar Gupta, son of Late Jagdish Gupta, who expired during medical treatment at Health City Hospital, Khanapara, Guwahati on 16.11.2023.

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The petitioner has claimed she is the second wife of Late Rajendra Kumar Gupta whereas the party-respondent no. 6 herein is the first wife of Late Rajendra Kumar Gupta. It is stated that since 2010, the petitioner and Late Rajendra Kumar Gupta were living together after solemnization of their marriage in a Mandir and out of their relationship, a female child, namely, Miss Naina Gupta was born on 31.10.2019 at Dr. Kalicharan Das Nursing Home &

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Page No. 3/5

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Polyclinic, Kala Pahar, Guwahati. The petitioner has annexed a Birth Certificate issued by the Registrar [Birth & Death], Guwahati Municipal Corporation [GMC] on 28.11.2019 pertaining to Miss Naina Gupta wherein the names of the mother and the father have been recorded as Barnali Das [the petitioner] and Rajendra Kumar Gupta respectively.

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The petitioner has stated that the petitioner had to approach the respondent no. 6 on behalf of her minor daughter for a copy of the Death Certificate issued in connection with the death of Late Rajendra Kumar Gupta. The necessity of a copy of the Death Certificate has arisen for the purpose of school admission of Miss Naina Gupta. The petitioner has stated that when the petitioner approached the respondent no. 6 to provide a copy of the Death Certificate, already issued in connection with the death of Late Rajendra Kumar Gupta, the respondent no. 6 had declined to provide the same. Subsequent to the refusal by the respondent no. 6, the petitioner had served a pleader’s notice upon the respondent no. 6 and had submitted an application before the Registrar [Birth & Death], O/o the Joint Director of Health Services, Guwahati, Kamrup [Metro] on 09.01.2025 requesting issuance of a duplicate copy of the Death Certificate issued in connection with the death of Late Rajendra Kumar Gupta. Pursuant to the application dated 09.01.2025, a hearing also took place on 24.01.2025 before the respondent nos. 4 & 5. But thereafter, the said authorities had refused orally to issue a duplicate copy of the Death Certificate and had only provided the registration details of the Death Certificate.

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The petitioner has stated that the Death Certificate pertaining to Late Rajendra Kumar Gupta has already been registered vide Registration no. D-2023:18-90255-003610 dated 12.12.2023 at the office of the respondent no. 4.

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Stating that the duplicate copy of the Death Certificate has not been issued to the petitioner, which is a requirement for the purpose of school admission of Miss Naina Gupta, the petitioner has approached by the instant writ petition seeking a direction to the respondent authorities to provide her a copy of the Death Certificate [duplicate] on behalf of her daughter, who is also a daughter of Late Rajendra Kumar Gupta.

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Page No. 4/5

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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 & Deaths Rules, 1999 has inter-alia provided that in case of institutional 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 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’s daughter Miss Naina Gupta being the daughter of Late Rajendra Kumar Gupta, as reflected in the Birth Certificate issued on 28.11.2019, 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 & 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 [twenty-one] days of occurrence and get an extract [Death Certificate] with free of cost. The Office Memorandum

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Page No. 5/5

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has further mentioned about the institutional-wise existing Registrars of Births & Deaths in the State of Assam. In relation to the Gauhati Medical College & Hospital [GMC&H], it is the Superintendent of the GMC&H 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 the 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 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 Miss Naina Gupta, the daughter of Late Rajendra Kumar Gupta, who is represented by her, that is, the petitioner.

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It is open for the petitioner on behalf of Miss Naina Gupta to apply for an additional copy of the Death Certificate in respect of the death of Late Rajendra Kumar Gupta before the respondent no. 4 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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The writ petition stands disposed of in the afore-stated terms. There shall, however, be no order as to cost.

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JUDGE

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Comparing Assistant

Barnali Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Barnali Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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