IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13099 of 2008 Between: V.Ganeswara Rao S/o.V.Subbaiah H.No.1858 MIG Phase-I, BHEL Ramachandrapuram Hyderabad- 502032 ..... PETITIONER AND 1 The State of A.P Rep.by its The Chief Registrar(Births & and Deaths) Dept OF Medical and Helth (Vital Statistics) Hyderabad 2 The Registrar (Births and Deaths) Township Administrative B.H.E.L Ramachandrapuram Hyderabad .....RESPONDENT(S) 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 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 Ref .HY/TA/EO/2008 dt.16-06-2008 as illegal arbitrary and consequently set aside the same and direct the 2nd respondent herein to add the name of the petitioner's son As V.Satha Christmas Manga Rao in the Birth Registrar and issue birth Ceritficate in the name of petitioner's son and pass Counsel for the Petitioner:MRA.S.SREEKANTH BABU Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13099 OF 2008 ORDER: 1. This writ petition has been filed by V.Ganeswara Rao assailing the action of the Respondents in not incorporating the name of his son V.Satha Christmas Manga Rao in the birth certificate. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 3. The petitioner has a son by name V. Satha Christmas Manga Rao. He was born on 25-12-1976 in the B.H.E.L. General Hospital. Birth Certificate was issued by the hospital authority without mentioning his name as he was not named at that time. He pursued his education and applied for VISA for further studies. Since his Birth Certificate does not contain his name, the petitioner who is his father, made an application for incorporating his name in the Birth Certificate. The application made by the petitioner came to be rejected on the ground that the request for incorporating the name of the child has been made after 15 years. The said action is assailed in this writ petition. 4. The issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No. 25769 of 2007 ( G.M. Khaja Farooqui Vs. The State of Andhra Pradesh, rep. By the Chief Registrar ( Births and Deaths) Department of Medical and Health (Vital Statics) Hyderabad and another). In the above referred writ petition, the decision of Gujarat High Court in Dipika Arvindkur Pancholi Vs. State of Gujrath[1] has been referred, wherein it is held:- “Having regard to the provisions of the Act and the Judgment of the Gujrat High Court, this Court finds that the second respondent ought to have considered the application of the petitioner and entered the name of his son in the certificate, after satisfying himself as to the identity. Hence, the Writ Petition is disposed of , directing the 2nd Respondent to consider the application fo the petitioner and enter the name of his son in the birth certificate after satisfying himself that the certificate relates to the person, whose name is sought to be entered. For this purpose, the candidate, whose date of birth is entered shall appear before the second respondent, file an application and proved his identify. It shall be open to the second respondent to receive any further or additional information or material. This action shall be completed, within a period of four weeks from the date of receipt of making the fresh application, as indicated above. There shall be order as to costs”. 5. The Act provides for issuance of birth certificate. The certificate in Form V provides for entering the names of the person, whose date of birth is certified. It is a 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 there under, it is clear that there is a provision for entering the name of a person, may be after due verification. The Gujarat High Court took the view that it is permissible under the Act and Rules to enter the name of a person even after years, if identity of the person is established. Having regard to the provision of the Act and the judgment of the Gujarat High Court, this Court finds that the second respondent ought to have considered the application of the petitioner and entered the name of his son in the certificate, after satisfying himself to the identity. 6. Hence, this Writ petition is disposed of directing the respondent No.2 as and when the son of the petitioner submits an application in person, with necessary proof, 2nd respondent shall consider the same and enter the name of the applicant in the birth certificate after satisfying himself as to the identity. It shall be open to the 2nd Respondent to receive any further or additional information or material. This action shall be completed, within a period of six weeks from the date of receipt of making the fresh application as indicated above. There shall be no order as to costs. _____________________________ Justice B.Seshasayana Reddy 24th June, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13099 OF 2008 24th June, 2008. [1] AIR 2003 Gujarat 102