IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13193 of 2008 Between: D. Narender Reddy S/o D. Jaganmohan Reddy R/o MIG 984, BHEL, RC Puram, Hyderabad. ..... PETITIONER AND 1 The State of A.P., rep by the Chief Registrar (Births and Deaths) Dept of Medical and health (Vital Statistics) Hyderabad. 2 The Chief Medical Officer of Health Greater Hyderabad Municipal Corporation Hyderabad. 3 The Registrar (Births and Deaths) Circle No. Greater Hyderabad Municipal Corporation Hyderabad. 4 The Statistical Officer Greater Hyderabad Municipal Corporation Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action and interpretation of the 2nd respondent in his proceedings in Rc. No. 116/GHMC/VS/Dy.S.O./2000, dated 30-05-2008 as illegal, arbitrary and consequently set a side the same and direct the 2nd respondent herein to add the name of the petitioner's son as DONURU RAVINDER REDDY in the birth Register and issue Birth Certificate in the name of Petitioner's son and pass such other or further orders deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.G.RAMESH BABU Counsel for the Respondent Nos.1,2, & 4: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER Petitioner has a son by name Ravinder Reddy. His date of birth is 26.4.1980. He was born at Government Hospital, Malakpet, Hyderabad. At the time of making entry in the Birth Register, his son was not christened. Therefore, his son’s name does not figure in the Birth Register. His son studied up to 10th Class in Jyothi Vidyalaya BHEL, Hyderabad and Diploma in KDR Polytechnic College, Wanaparthy. His son is presently working as Software Engineer in U.S.A. He submitted an application to the Chief medical Officer of Health, GMC, Hyderabad-second respondent for issuance of Birth Certificate of his son. The second respondent through his proceedings in Rc. No.116/GHMC/VS/Dy.S.O/2000, dated 30.05.2008 rejected his request for issuance of Birth Certificate on the ground that his son’s name has not been registered within 15 years from the date of his birth. Hence, this writ petition by the petitioner with a prayer to issue, order or direction more particularly one in the nature of writ of Mandamus declaring the action and interpretation of the 2nd respondent as arbitrary and illegal. Learned counsel appearing for the petitioner submits that there is nothing in the Registration of Births and Deaths Act, 1969 (for short, ‘the Act’) which preclude and prohibit to enter the name of the persons in the Birth and Death Register even at the subsequent stage. He placed reliance on the Judgment of this Court in WP No.137114 of 2007 (D.Appa Rao vs., the State of Andhra Pradesh) dated 29.6.2007. Learned Government Pleader for Medical and Health, on the other hand, submits that the petitioner did not establish the identity of the person and in the absence of the same, the second respondent cannot be compelled to enter the name in the Birth Certificate. The certificate in Form No.V provides for entering the name of the person, whose date of birth is certified. It is common practice, particularly, in Indian families that the children are named after performing a ceremony. If the birth certificate is issued before such ceremony, there does not exist an occasion for entering the name. From the acts and the Rules made thereunder, it is clear that there is no prohibition for entering the name of the person, may be after due verification. The Gujarat High Court in Dipika Arvindkur Pancholi v. State of Gujarat[1] took the view that it is permissible under the Act and Rules to enter the name of a person even after fifteen days, if the identity of the person is not in dispute. Having regard to the provisions of the Act and the Judgment of the Gujarat High Court and the Judgment of this Court in WP No.137114 of 2007, I am of the view that the 2nd respondent ought to have considered the application of the petitioner and entered the name of his son in the certificate, after satisfying as to the identity. Therefore, the writ petition is disposed of directing the 2nd respondent to consider the application of the petitioner and enter the name of the son of the petitioner in the birth certificate, after satisfying himself that it relates to the person, whose name is sought to be entered. This exercise shall be completed within four weeks from the date by which such an application is filed by the candidate himself. No costs. __________ 25-06-2008 Note: Issue CC by three days. (B.O)rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P., rep by the Chief Registrar (Births and Deaths) Dept of Medical and health (Vital Statistics) Hyderabad. 2 The Chief Medical Officer of Health Greater Hyderabad Municipal Corporation Hyderabad. 3 The Registrar (Births and Deaths) Circle No. Greater Hyderabad Municipal Corporation Hyderabad. 4 The Statistical Officer Greater Hyderabad Municipal Corporation Hyderabad. 5.2CD copies [1] AIR 2003 GUJARAT 102