Partly allowed

Kailasben W/O Jasubhai Patel and D/O Keshavlal Patel v. State of Gujarat

Gujarat HC7 Sept 2022SCA/5291/2022

Case brief

AI extract

What is this about?

Under Article 226 of the Constitution, the Court quashed an administrative order rejecting a petition to correct a clerical error in a birth certificate, directing the authority to reconsider the application based on documentary evidence within eight weeks.

What did the court decide?

Quashed the impugned order dated 03.03.2022; directed the respondent to reconsider the application and pass appropriate orders within eight weeks.

Kailasben W/O Jasubhai Patel and D/O Keshavlal Patel Vs… — Property and Title | Gujarat HC (2022)

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5291 of 2022

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KAILASBEN W/O JASUBHAI PATEL AND D/O KESHAVLAL PATEL Versus STATE OF GUJARAT

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Appearance:

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MR BHARAT R PANDYA(543) for the Petitioner(s) No. 1 MR SHAHIL TRIVEDI, AGP for the Respondent(s) No. 1 MR SURESH B BHATT(5669) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 07/09/2022

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ORAL ORDER

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By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for making necessary correction in the date of birth of the petitioner registered as Registration No.330 as 18.05.1961 instead of ‘19.05.1961’ and issue the Birth Certificate to the petitioner.

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2.1 It is the case of the petitioner that actual date of birth of the petitioner is 18.05.1961 and not ‘19.05.1961’ as registered in the birth certificate of the petitioner.

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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2.2 The petitioner states that date of birth of the petitioner is shown as 18.05.1961 in her Passport, Aadhar Card, School Leaving Certificate and even in the Election Card so also in her Pan Card.

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2.3 However, due to some mistake, her date of birth is registered as ‘19.05.1961’ in the Birth Certificate and, therefore, petitioner made application to Chief Officer, Nagar Seva Sadan, Kapadwanj on 07.02.1922. However, without assigning any reason, vide order dtd.03.03.2022, the petitioner’s application for correction of date of birth was rejected by Registrar, Birth and Death Registration and Chief Officer, Nagar Seva Sadan, Kapadwanj and, therefore, present petition is preferred by the petitioner.

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Learned advocate Mr.R.A.Barot for the petitioner submitted that the documents i.e. Adhar Card, Pan Card, Election Card, Passport etc. of the petitioner would show that the actual date of the birth of the petitioner is 18.05.1961 and not 19.05.1961 as provided in the birth certificate and, therefore, the

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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same is required to be corrected. However, without assigning any reason, only by stating flimsy reason that such correction cannot be made as per provisions of Birth and Death Registration Act, 1969, the correction in the birth certificate of the petitioner is denied.

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Learned advocate Mr.Suresh Bhatt appearing for the respondent Nagar Palika submitted that the officer has, after taking into consideration, section 15 of the Act passed the impugned order. However, if necessary directions are given, the respondent authority will consider the same in accordance with law and make necessary correction in the order.

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Learned advocate Mr.Barot submitted that there are catena of decisions which would go to show that the respondent authorities have ample power to make necessary correction in date of birth in the birth register. Learned advocate Mr.Barot relied upon the order dated 17.08.2022 passed by the coordinate Bench of this Court in Special Civil Application No.2005 of 2021 in case of Patel Asmitaben Madhavlal vs. State of

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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Gujarat and submitted that if powers under Section 15 of the Registration of Births and Deaths Act, 1969 (‘the Act’, for short) read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 (‘the Rules’, for short) are exercised by the authority, necessary correction can be done in the birth register.

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I have considered the submissions made by learned advocates for the respective parties. I have also considered the order passed by the Coordinate Bench wherein the Coordinate Bench has observed from paras:4 to 7 as under:

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“4. 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:

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“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:

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“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

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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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.”

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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:

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“(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 entryshowing the error and how it has been corrected to the District Registrar of Births and Deaths.

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(2) In the case referred to sub rule (1) if the register is not in the possession of the

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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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.

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(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.

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(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.

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(5) Notwithstanding anything contained in subrule (1) and subrule (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.

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(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

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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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.

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(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.”

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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.

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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

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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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 given 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.”

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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.

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Under the circumstances and in light of the aforesaid proposition of law, the respondent no.2 is directed to pass a fresh order on the application filed by the petitioner with regard to the change of name. It is also directed that the respondent no.2 shall accordingly process the application of the petitioner as per the provisions of Sections 14 and

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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15 of the Act read with Rule 11 of the Gujarat Registration of Birth and Death Rules, 2004 after considering all the documentary evidence, which may be produced by the petitioner in support of her case and pass appropriate orders within a period of eight weeks from the date of receipt of the writ of this order.

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In case any adverse decision is taken by the respondent authority, it will be open for the petitioner to challenge the same before the appropriate forum. The impugned order dated 02.01.2021 is quashed and set aside.”

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7.1 Upon reading the aforesaid observations, it is crystal clear that in view of Sections 14 and 15 of ‘the Act’ read with Rule 11 of ‘the Rules’, after considering all documentary evidences, respondent is empowered to make necessary correction in the birth and death register.

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7.2 Accordingly, the impugned order dated 03.03.2022 is hereby quashed and set aside. The respondent authority is directed to reconsider the application of the petitioner dated 07.02.2022 for making correction in birth register by taking into consideration the documentary evidence and pass necessary orders.

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C/SCA/5291/2022 ORDER DATED: 07/09/2022

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However, if the decision taken by the authority is adverse to the petitioner, it will be open for the petitioner to challenge the same.

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