HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.885 of 2009 ORDER: The petitioner states that she was born on 07-07- 1981 in the Moosi Maternity and General Hospital, Nayapul, Hyderabad. She was married on 18-08-2005 and thereafter, she obtained a passport. Her husband is said to be in the United States. During the course of processing of her Visa papers, it became necessary to submit a birth certificate containing her name. Her parents obtained a birth certificate from the Registrar (Births & Deaths), Hyderabad, 2nd respondent herein, before the petitioner was named. Therefore, the petitioner approached the respondents herein with a request to issue a birth certificate with her name. Placing reliance upon Rule 10 of the A.P. Registration of Births and Death Rules, 1999 (for short ‘the Rules’), the 2nd respondent expressed his inability, on the ground that the application was filed beyond 15 years from the date of birth of the petitioner. This writ petition is filed with a prayer to direct the 2nd respondent to issue a birth certificate containing the name of the petitioner. Heard the learned counsel for the petitioner and the learned Government Pleader for Medical, Health & Family Welfare. The birth certificate in relation to the petitioner was obtained, at a time before she was named. The petitioner has undergone education and she was also issued a passport. A birth certificate containing her name became necessary for the purpose of processing of Visa papers. Placing reliance upon Rule 10 of the Rules, the 2nd respondent refused to accede to the request of the petitioner. It is no doubt true that Rule 10 of the Rules framed under the Registration of Births and Deaths Act, 1969 prescribes a broad procedure for issuance of birth certificates and according to the proviso to Sub-Rule (1) of Rule 10, an application for issuance of birth certificate with name, can be made beyond 12 months but within 15 years. The Rule is silent as to whether there is any prohibition from issuing such certificate, in case the application is made beyond 15 years. Identical situation arose before the Gujarat High Court in Dipaka Arvindkumar Pancholi V. State of Gujarat[1]. Rule 11 of the Rules framed by the State of Gujarat is identical to Rule 10 of the A.P. Rules. The Gujarat High Court took the view that when there is no specific prohibition against issuance of birth certificate on an application made beyond 15 years, an individual can not be left in lurch and this Court is inclined to follow the ratio in the said Judgment. The only rider is that the petitioner shall have to place adequate material before the authorities concerned, to prove that the birth certificate issued without her name actually belongs to her. Hence, the Writ Petition is allowed and the respondents are directed to issue birth certificate to the petitioner with name mentioned in it, duly verifying the relevant records, within a period of 15 days from the date of receipt of copy of this order. There shall be no order as to costs. _________ 02.02.2009 Note: Furnish C.C. in three days. (B/o) CBS/JSU HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.885 of 2009 Date: 02.02.2009 [1] AIR 2003 Gujarat 102