SCA/26319/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 26319 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PATEL PRAVINKUMAR BAHECHARDAS - Petitioner(s) Versus TALATI CUM MANTRI & 2 - Respondent(s) ========================================================= Appearance : MR SUNIL C PATEL for Petitioner(s) : 1, MR SATYAM CHHAYA, ASSTT. GOVERNMENT PLEADER for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 26/03/2008 ORAL JUDGMENT 1. Heard Mr. Sunil C. Patel, learned counsel appearing for the petitioner. Rule. Mr. Satyam Chhaya learned AGP waives service of Rule on behalf of the respondents. SCA/26319/2007 2/4 JUDGMENT 2. With the consent of the parties, the matter is taken up for final hearing today. 3. Earlier when this petition was listed for hearing on 5th March, 2008, Mr. Patel had prayed for time so that he can file affidavit of mother of the petitioner qua correctness of name of the petitioner. 4. Invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for issuance of appropriate writ, order or direction against the respondents to correct the name of the petitioner in the birth register maintained by Nani Jaher, Taluka-Kapadwanj, District-Kheda. It is contended that the correct name of the petitioner from the very beginning is Pravinkumar. But at the time of registration of birth of the petitioner, his name has been wrongly registered as “Rajesh”. It is submitted that the person who had gone to get the birth of the petitioner registered, must have committed mistake in stating the correct name of the petitioner and therefore, this error has crept in. It is therefore, submitted that this mistake is required to be correct. 5. According to the petitioner, an attempt was made by the petitioner to get his name corrected in the birth register, but the authority refused to exercise jurisdiction vested in it under the scheme of the Registration of Birth & Death Act, 1969. In support of his say, the petitioner has SCA/26319/2007 3/4 JUDGMENT produced several documents, which, according to the petitioner are sufficient to establish that real name of the petitioner is “Pravinkumar” and not “Rajesh”. The said documents include certificate issued by the Govt.Medical College, Surat, Certificate issued by the Chancellor, South Gujarat University, School Leaving Certificate, Marriage Registration Certificate, Ration Card, Passport. All these documents clearly suggest that the name of the petitioner is “Pravinkumar” and not “Rajesh”. Prior to approaching the Panchayat, the petitioner has also attempted to see that necessary publication is made in the Govt.Gazette. However, it appears that the authority concerned has not corrected the name of the petitioner. 6. It is rightly submitted by Mr. Chhaya, learned AGP for the respondents that the petitioner, normally should be relegated to the Registrar- Mamlatdar, respondent no.2 with all the above documents and the said Registrar-Mamlatdar can be directed that he has powers to correct the entries in the birth register. But in view of the totality of the facts and circumstances emerging from the record and certain earlier decisions of this Court, this Court is inclined to exercise constitutional jurisdiction in favour of the petitioner. 7. I have considered the earlier decisions of this Court in the case of Dipika Arvindkumar Pancholi v. State of Gujarat thro' Chief Registrar, SCA/26319/2007 4/4 JUDGMENT reported in 2002 [3] G.L.H. 392 and other such decisions on this line. 8. Therefore, without entering into further discussion, the present petition is hereby allowed. Respondent authorities are hereby directed to correct the name of the petitioner from “Rajesh” to “Pravinkumar” in the original birth register maintained under the provisions of Registration of Birth and Death Act, 1969. This shall be done within a period of four weeks from the date of receipt of writ of this Court. If the petitioner applies for issuance of a fresh birth certificate after correction of entry, then, necessary birth certificate may be issued to him as per the Rules on payment of requisite fees. Rule is made absolute with no order as to costs. Direct service is permitted. [C.K. BUCH, J.] pirzada/-