SCA/370/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 370 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 ? ========================================================= PRAKASH JAIKISHAN SAJANANI - Petitioner(s) Versus AHMEDABAD MUNICIPAL CORPN. - Respondent(s) ========================================================= Appearance : MS SONAL R SHAH for Petitioner(s) : 1, MR DG NANAVATI for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 22/01/2008 ORAL JUDGMENT 1. Heard Ms.Sonal R.Shah, learned counsel appearing for the petitioner. 2. Rule. Mr.D.G. Nanavati, learned counsel appears SCA/370/2008 2/4 JUDGMENT and waives service of Rule on behalf of the respondent Corporation. With consent of the parties, the matter is taken up for final hearing today. 3. It is submitted by Ms. Shah that on strength of the relevant documents referred to by the petitioner, i.e. school leaving certificate, driving license and passport issued in favour of the present petitioner, the petitioner had approached the respondent Corporation with a request to correct the date of birth from 5.9.86 to 19th August, 1986. It is contended by the petitioner in para-5 of the petition that the Corporation was approached, but the concerned authority was not inclined to help the petitioner in any way as the request was being made after lapse of 15 years. Ms. Shah has placed reliance upon two decisions of this Court in the case of Sarojben Jayantilal Patel & ors Vs. Mamlatdar in rendered Special Civil Application No. 19683 of 2006 and others, and in the case of Arunkumar Mohanlal Patel Vs. Talati cum Mantri rendered in Special Civil SCA/370/2008 3/4 JUDGMENT Application No. 12822 of 2004 which also refer to earlier decisions of this Court. Copies of the said judgments relied upon are at Annexure:C collectively to the petition. 4. According to Mr. Nanavati, learned counsel for the Corporation, the observations made by this Court in the case of Arunkumar M. Patel Vs.Talati Cum Mantri in Special Civil Application No. 12822 of 2004 decided on 8th October, 2004 [Coram:K.S.Jhaveri,J.] would squarely help the petitioner. 5. In view of the above, the petition is allowed. The petitioner shall approach the respondent Corporation with copy of this order and respondent Corporation is hereby directed to take a decision as to correction of date of birth in accordance with provisions of the Registration of Births and Deaths Act, 1969 as well as Gujarat Registration of Births and Deaths Rules, 2004 and thereafter necessary correction shall be carried out in the birth register maintained by the respondent Corporation. Thereafter, the petitioner may be SCA/370/2008 4/4 JUDGMENT given fresh birth certificate as per the corrected date of birth on demand. It is clarified that the petitioner will be liable to pay necessary fees otherwise payable for completing the procedure. Rule is made absolute with no order as to costs. Direct service is permitted. [C.K. BUCH, J.] pirzada/-