Allowed

Jatin Rajendra Parmar through Poa Rajendra Himmatbhai Parmar v. State of Gujarat

Gujarat HC8 Jul 2022SCA/474/2022

Case brief

AI extract

What is this about?

High Court of Gujarat allowed a Special Civil Application directing the respondent authority to pass an order correcting the petitioner's date of birth from 06.10.1984 to 05.10.1984 in the Birth and Death Register within eight weeks, seeking clarification on the authority's power under Section 15 of the Registration of Births and Deaths Act, 1969.

What did the court decide?

Respondent directed to pass an order correcting the petitioner's date of birth from 06.10.1984 to 05.10.1984 within eight weeks.

Jatin Rajendra Parmar through Poa Rajendra… — Pension and Retirement Benefits | Gujarat HC (2022)

¶1

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 474 of 2022 With

¶3

CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 474 of 2022

¶4

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

¶5

JATIN RAJENDRA PARMAR THROUGH POA RAJENDRA HIMMATBHAI PARMAR

¶6

Versus STATE OF GUJARAT

¶7

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

¶8

Appearance:

¶9

MRS NISHA M PARIKH(2397) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1 MS SIDDHI VADIDARIYA FOR THAKKAR AND PAHWA ADVOCATES(1357) for the Respondent(s) No. 2

¶10

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

¶11

CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 08/07/2022 ORAL ORDER

¶12

1.RULE. Learned AGP Mr.Trivedi for respondent
No.1 and learned advocate Ms.Siddhi Vadodariya
for the respondent No.2 waive service of notice
of rule for and on behalf of the respective
respondents.

¶13

2.The present writ petition has been filed
inter alia for the following relief:

¶14

“7B) Be pleased to issue a writ of mandamus and/or any
other appropriate write (sic. writ), direction or order
upon the respondent authorities by directing them to
correct birth date of the petitioner in Birth and Death
Register in the column of date as “05-10-1984” instead of
“06-10-1984” and to issue the fresh Birth Certificate to
the petitioner forthwith.”

¶15

2.1Thus, the petitioner is seeking correction in
his date of birth from 06.10.1984 to 05.10.1984.

¶16

3.The brief facts of the case are that the
petitioner has applied for correction in his date
of birth before the respondent No.2 vide

¶17

Page 1 of 6

¶18

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶19

application dated 18.06.2021. He has stated in
his application that by mistake, date of birth
was wrongly mentioned as 06.10.1984 instead of
05.10.1984 and as per the provision of Rule 11 of
the Gujarat Birth and Death Rule, 2004, in case
of clerical mistake, the Registrar can correct
the same in the interest of justice. On
28.07.2021, the respondent No.2 asked to supply
the correct date of birth on the Hospital’s
letterhead however, the Hospital authority
replied on 30.07.2021 that the record before
01.05.2013 was not in their custody.

¶20

4.Learned advocate for the petitioner
Mrs.Parikh has submitted that the respondent No.2
is required to pass appropriate orders under the
provision of Section 17 of the Registration of
Births and Deaths Act, 1969 (for short “the
Act”), after holding necessary inquiry and since
no inquiry is held, the respondent authority may
also be directed to consider the entire matter,
including documentary evidence, which is produced
by the petitioner and pass appropriate orders.
She has submitted that there are catena of
decisions of this Court, wherein the respondent
authorities are directed to alter the date of
birth.

¶21

5.Learned advocate Ms.Vadodariya appearing for
the respondent No.2 has submitted that
appropriate orders will be passed under the
provision of Section 17 of the Act.

¶22

Page 2 of 6

¶23

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶24

6.Heard the learned advocates for the
respective parties and also perused the documents
as pointed out by them.

¶25

7.At this stage, it would be apposite to refer
to the observations made by the Coordinate Bench
in the order dated 05.12.2012 passed in Special
Civil Application No.8556 of 2012:

¶26

“7. Section 15 of the Act, the Registrar has power
for correction or cancellation of entry in the
Register of Births and Deaths Act, 1969. Section 15
of the Act reads as under:

¶27

“15. Correction or cancellation of entry in the
register of births and deaths.—If it is proved to
the satisfaction of the Registrar that any entry
of a birth or death in any register kept by him
under this Act is erroneous in form or substance,
or has been fraudulently or improperly made, he
may, subject to such rules as may be made by the
State Government with respect to the conditions
on which and the circumstances in which such
entries may be corrected or cancelled correct the
error or cancel the entry by suitable entry in
the margin, without any alteration of the
original entry, and shall sign the marginal entry
and add thereto the date of the correction or
cancellation.”

¶28

8.Rule 11 of the Gujarat Registration of Births
and Deaths Rules, 2004 relates to correction or
cancellation of entry in the Register of Births and
Deaths, reads as under:

¶29

“(1) If it is reported to the Register that a
clerical or formal error has been made in the
register or if such error is otherwise noticed by
him and if the register is in his possession, the
Registrar shall inquire into the matter and if he
is satisfied that any such error has been made,
he shall correct the error (by correcting or
cancelling the entry) as provided in Section 15
of the Act and shall send an extract of the entry

¶30

Page 3 of 6

¶31

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶32

showing the error and how it has been corrected
to the District Registrar of Births and Deaths.

¶33

(2) In the case referred to sub rule (1) if the
register is not in the possession of the
Registrar, he/she shall make a report to the
District Registrar of Births and deaths and call
for the relevant register and after inquiring
into the matter, if he is satisfied that any such
error has been made, make the necessary
correction.

¶34

(3) Any such correction as mentioned in sub rule2
shall be countersigned by the district Registrar
of Births and Deaths when the register is
received from the Registrar.

¶35

(4) If any person asserts that any entry in the
register of births and deaths is erroneous in
substance, the Registrar may correct the entry in
the manner prescribed under section 15 of the Act
upon production by that person a declaration
setting forth the nature of the error and the
facts of the case made by two credible persons
having knowledge of the facts of the case.

¶36

(5) Notwithstanding anything contained in sub-
rule (1) and sub-rule (4) the Registrar shall
make report of any correction of the kind
referred to therein giving necessary details to
the District Registrar of Births and Deaths.

¶37

(6) If it is proved to the satisfaction of the
Registrar that any entry in the register of
births and deaths has been made fraudulently or
improperly, he shall make a report giving
necessary details to the officer authorised by
the Chief Registrar by general or special order
in this behalf under section 25 of the Act and on
hearing from him take necessary action in the
matter.

¶38

(7) In every case in which an entry is corrected
or cancelled under this rule, intimation thereof
should be sent to the permanent address of the
person who has given information under section 8
of section 9 of the Act.”

¶39

Page 4 of 6

¶40

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶41

9.In view of the aforesaid provisions, it is clear
that the respondent authorities have power to make
corrections in the register of Births and Deaths. It
is evident from the record that the petitioner has
produced all the necessary evidence on record to
shown how change in the names in Birth Certificate.
If respondent authority comes to conclusion, on the
basis of evidence before it, that deed of adoption is
true, correct, legal and valid then there is no
reason for the concern authority, to deny the
correction, in Birth Certificate.

¶42

10. The law on the subject is already settled. In the
case of Mulla Faizal @ Fazillabanu Suleman Ibrahim V/
s. State of Gujarat and others, reported in 2000(2)
GLR 1553 it has been held that the Registrar, Births
and Deaths has power to correct the entries made in
the Register. Further, in the case of Sukumar Mehta
V/s. District Registrar, Births and Deaths, reported
in 1993(1) GLR 93 and in the case of Vimal M. Patel
V/s. State of Gujarat and Another, reported in
2001(3) GLR 2484 the Court has directed the applicant
authority for making necessary correction in the
records of birth of the person on production of
sufficient documents. This Court while disposing of
the petition being Special Civil Application No.6962
of 2002, directed the Authority to make necessary
correction in the register concerned. Same direction
for making correction in birth certificate was guven
by this Court also, while deciding Special Civil
Application No.6227 of 2007. I have perused the
decision in the case of Manoj Omprakash Goes Vs.
State of Gujarat through Secretary & Anr. reported in
GLR 2011(2) 1734 and same is applicable to the
present case.”

¶43

8.The Coordinate Bench has specifically held
that the respondent authority has all the powers
to make correction under the provisions of
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.

¶44

9.Under the circumstances and in light of the
settled proposition of law, the respondent No.2

¶45

Page 5 of 6

¶46

C/SCA/474/2022 ORDER DATED: 08/07/2022

¶47

is directed to pass an order on the application
filed by the petitioner with regard to change in
date of birth of the petitioner from 06.10.1984
to 05.10.1984. Necessary order shall be passed
and communicated to the petitioner within a
period of 08 (eight) weeks from the date of
receipt of writ of the order of this Court. In
case any adverse decision is taken by the
respondent authority, it will be open for the
petitioner to challenge the same before
appropriate forum.

¶48

10.The present writ petition is allowed. Rule
made absolute.

¶49

11.In view of the order passed in the main
matter, learned advocate Mrs.Parikh does not
press the connected civil application for
amendment. Hence, the same stands disposed of as
not pressed. Sd/-

¶50

NVMEWADA

¶51

Page 6 of 6

Jatin Rajendra Parmar through Poa Rajendra Himmatbhai Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Jatin Rajendra Parmar through Poa Rajendra Himmatbhai Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Becharbhai Dhulabhai Bharwad Vs State of Gujarat

Shabbirbhai Mustanbhai Merchant Vs Union of India

Usmangni Yakubhai Patel Vs Executive Engineer (Project), Gujarat Energy Transmission Corporation Limited

Vilasben Dipakbhai Desai Vs State of Gujarat

Rashmiben Raghavbhai Dafda Vs State of Gujarat

Minor Desai Soham Vishnubhai through His Father Desai Vishnubhai Sagarbhai Vs Kalol Nagarpalika