SCA/5506/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5506 of 2008 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 JASHODABEN PUNNJABHAI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR GAURANG K PATEL for Petitioner(s) : 1,MR KN PATEL for Petitioner(s) : 1, MR SATYAM CHHATYA, ASSTT.GOVERNMENT PLEADER for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 05/05/2008 ORAL JUDGMENT 1. Heard Mr. Gaurang K. Patel, learned counsel appearing for the petitioner. 2. Rule. Mr. Satyam Chhaya, learned AGP waives service of Rule on behalf of the respondents. By SCA/5506/2008 2/4 JUDGMENT consent of the parties, the matter is taken up for final disposal. 3. The petitioner has prayed for issuance of appropriate writ, order or direction, invoking jurisdiction of this Court under Article 226 of the Constitution of India, mainly in terms of para-10[b]. Rest of the reliefs are ancillary. In para-10[b], the following relief is prayed for. “10[b] Be pleased to issue appropriate writ order or direction directing the concerned respondent authorities to register/enter the name of the petitioner i.e. “Jashodaben” in birth register and to correct the birth date of the petitioner in the birth register i.e. 17.10.58 instead of 10.11.58 and further be pleased to direct the concerned respondent authority to issue the fresh birth certificate after entering the correct birth date as well as entering the name of the petitioner.” 4. It is submitted by Mr. Patel, learned counsel appearing for the petitioner that correct date of birth of the petitioner is 17th October, 1958 and not 10th November, 1958. Birth register maintained by the Panchayat shows the date of birth of the petitioner as 10th November, 1958 and there is no reference of name of the petitioner in the register. The petitioner had made an attempt by approaching the court of learned Judicial Magistrate First Class, Prantij by preferring Criminal Misc. Application No. SCA/5506/2008 3/4 JUDGMENT 3/08, but the said Court dismissed the application observing that no order for entering the name of the petitioner can be passed after lapse of long period of 15 years and this is not a case of non-registration of birth date, but the case falls in the category of error in the date of birth. The authority was approached, but the petitioner was informed that the relevant record is not available. 5. Having considered the document produced by the petitioner in support of the petition, namely, school leaving certificate issued to the petitioner, there is enough strength in the say of the petitioner. In this document, date of birth of the petitioner is shown to be 17th October, 1958 and name of the petitioner mentioned is “Jashodaben”. These details shall have to be reflected in the birth register maintained by the Panchayat. 6. Learned counsel for the petitioner has rightly placed reliance on more than one decision of this Court and has submitted that the respondent may be directed to put the details in the birth register maintained by the Panchayat, meaning thereby, in the birth register, name of the petitioner be mentioned as “Jashodaben” and date of birth be corrected as 17th October, 1958 instead of 10th November, 1958. 7. Accordingly, the petition is allowed. Respondent no.3 is directed to enter the name of the petitioner in the register of birth as SCA/5506/2008 4/4 JUDGMENT “Jashodaben”. Similarly, the date of birth of the petitioner shall also be corrected as 17.10.58 instead of 10.11.58. 8. After making the above entry/correction in the register of birth, fresh birth certificate, if is prayed for, shall be issued to the petitioner on payment of requisite fees. The petition is allowed. Rule is made absolute in the above terms. No costs. Direct service permitted. [C.K. BUCH, J.] pirzada/-