Allowed

Parmar Mitesh Hasmukhbhai v. State of Gujarat

Gujarat HC13 Jul 2022SCA/4731/2022

Case brief

AI extract

What is this about?

The Gujarat High Court quashed an order rejecting a name correction in a birth certificate based on a withdrawn circular. It directed the respondent to reconsider the application and pass a fresh order under the Registration of Births and Deaths Act within four weeks.

What did the court decide?

Impugned order dated 18.01.2022 quashed; respondent directed to pass a fresh order on the name correction application following proper procedure within four weeks.

Parmar Mitesh Hasmukhbhai Vs State of… — Constitutional and Fundamental Rights | Gujarat HC (2022)

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C/SCA/4731/2022 ORDER DATED: 13/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 4731 of 2022

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================================================================

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PARMAR MITESH HASMUKHBHAI

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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JIGNESHKUMAR M NAYAK(8558) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2

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================================================================

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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 13/07/2022 ORAL ORDER

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Though served, none appears on behalf of
respondent No.2.

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1.RULE. Learned AGP for the respondent No.1
waives service of notice of rule for and on
behalf of respondent No.1.

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2.In the present writ petition, the petitioner
has assailed the order dated 18.01.2022, wherein
and whereby, the request of the petitioner to
make correction in his name from “Minish” to
“Mitesh” has been rejected by the respondent
No.2.

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3.The brief facts of the case are as under:

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3.1Son of the petitioner was born on 24.01.2000
at Kalol, Tal. Kalol, Dist. Gandhinagar and his
birth was registered at Registrar of Birth and
Death, Kalol Nagarpalika under the Registration
of Births and Deaths Act, 1969. It is the case of
the petitioner that in the birth certificate,

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Page 1 of 3

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C/SCA/4731/2022 ORDER DATED: 13/07/2022

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name of the petitioner was wrongly mentioned as
“Minish”, instead of correct name - “Mitesh” and,
therefore, the petitioner made an application
dated 11.01.2021 for correction of the said
mistake. It is the case of the petitioner that
all the other documents of the petitioner like
Aadhar Card, Driving License, School Leaving
Certificate, etc. show the correct name of the
petitioner - Mitesh. However, the respondent
No.2, passed the impugned order dated 18.01.2022,
whereby rejecting the request of the petitioner
as per Government Resolution dated 18.02.2016.
Accordingly, the petitioner has preferred the
present petition challenging the aforesaid order.

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4.Learned advocate for the petitioner has
submitted that the authorities, while placing
reliance on the circular dated 18.02.2016 issued
by the State authority, which has been
subsequently withdrawn by the State authority
vide order dated 02.12.2021 has rejected the
application of the petitioner. Thus, he has
submitted that the impugned order may be set
aside. He has placed reliance on the judgement of
the Coordinate Bench of this Court in the case of
Sejalben Mukundbhai Patel W/o Khodabhai Joitaram
Patel Vs. State of Gujarat, 2019 (3) GLR 1866.

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5.Learned AGP Mr.Trivedi has submitted that the
State authority has withdrawn the said circular
dated 18.02.2016, on which the reliance is placed
by the respondent authority.

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Page 2 of 3

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C/SCA/4731/2022 ORDER DATED: 13/07/2022

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6.Under the circumstances and in light of the
undisputed facts, the impugned order dated
18.01.2022 passed by the respondent No.2 is
hereby quashed and set aside since the same is
premised on the circular dated 18.02.2016, which
has been subsequently withdrawn by the State
authority.

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7.The respondent No.2 is directed to pass a
fresh order on the application filed by the
petitioner with regard to change of name of the
petitioner from “Minish” to “Mitesh”. The
respondent No.2 shall specifically consider the
decision of this Court dated 16.01.2019 passed in
the case of Sejalben Mukundbhai Patel (supra) and
pass necessary order on the application filed by
the petitioner by following necessary procedure
as envisaged in Section 15 of the Registration of
Births and Deaths Act, 1969 read with Rule 11 of
the Gujarat Registration of Births and Deaths
Rules, 2004. Necessary order shall be passed and
communicated within a period of (04) four weeks
from the date of receipt of writ of the order of
this Court. It will be open for the petitioner to
file a fresh application.

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8.The present writ petition is allowed. Rule
made absolute. Direct service is permitted.

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Bhavesh-[PPS]*

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Page 3 of 3

Parmar Mitesh Hasmukhbhai v. State of Gujarat

Case brief

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Parmar Mitesh Hasmukhbhai v. State of Gujarat

Case brief

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