CWP No. 13603 of 2007 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 13603 of 2007 Date of decision: 20.8.08 Samrath John ...Petitioner Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ravinder Jain, Advocate, for the petitioner. Mr. Harsh Aggarwal, Advocate, for respondents No.2 & 3. Mr. S.K. Sharma, Advocate for respondents No.1, 4 & 5. Rajan Gupta, J. The petitioner herein has preferred the present writ petition seeking a writ of mandamus directing the respondents to correct his date of birth in his school record as well as in his passport from 26th January, 1982 to 26th December, 1981. According to the petitioner, he got a chance for higher study abroad. When he applied for the passport, he realized that his date of birth in the matriculation certificate as well as passport did not tally with the birth certificate issued by the Chandigarh administration. He, thus, made a representation (Annexure P-7) to the Central Board of Secondary Education that as per certificate of birth issued by the Department of Health, U.T. Chandigarh, his date of birth was 29th December, 1981 and in view of the same necessary correction be CWP No. 13603 of 2007 2 made in the record. The Central Board of Secondary Education i.e. respondents No.2 & 3 have filed a reply in which they have taken up the stand that throughout in the school record the date of birth of the petitioner had been mentioned as 26th January, 1982 till the petitioner passed his Senior Secondary Examination. The respondent Board has also taken a stand that the certificate now obtained by the petitioner from Registrar, Births and Deaths, appears to have been procured. Moreover, according to Rule 69.2 of the Examination Bye-laws of the Board, there was no provision for change of date of birth except a clerical mistake. In reply, filed by the Regional Passport Officer on behalf of Union of India, it has been stated that in case there was a conflict in the date of birth on the basis of certificates issued by two different authorities, the applicant was required to obtain an order from a civil court of competent jurisdiction. We have heard learned counsel for the parties and perused the record. The petitioner has placed on record a certificate issued by the Registrar, Births and Deaths, Chandigarh, according to which the petitioner was born in P.G.I., Chandigarh on 26th December, 1981. The certificate, which has been placed on record, is reproduced below:- “DHS-Item No.1-25000-Govt, Press, Chd. FORM NO.9. (See Rule 9) CHANDIGARH ADMINISTRATION DEPARTMENT OF HEALTH. CWP No. 13603 of 2007 3 CERTIFICATE OF BIRTH Issued under Section 17 of the Registration of Births and Deaths Act, 1969. This is to certify that the following information has been taken from the original record of Birth which is in the register for 1981 Chandigarh of Tehsil CHD, of District CHD of State Chandigarh (local area). Name -- Sex Male. Date of Birth: 26.12.81 Registration No.11695 Place of Birth P.G.I. Chandigarh. Date of Registration: 29.12.81 Name of Father/other, Rajinder John/Aneta Reetu Permanent address of Father/Mother. 2711/22, Chandigarh Nationality of Father/Mother. Indian. Signature of Issuing Authority. Seal of Chandigarh Administration. Sd/- Designation Chief Registrar. Date: 29.12.81” A perusal of the above certificate shows that there is merit in contention of the petitioner as the certificate has been issued by the competent authority for this purpose i.e. the Registrar, Births and Deaths. A perusal thereof shows that the petitioner was born in a reputed Medical Institution such as PGI, Chandigarh. Normally we would have required the petitioner to approach the civil court for appropriate relief and lead evidence in proof of his death of birth. However, in the present case the date of birth recorded in the school record of the petitioner, is 26th January, 1982 while in the CWP No. 13603 of 2007 4 certificate, issued by Registrar, Births and Deaths, it is 26th December, 1981. The difference is only of one month. This difference of a month can not bestow any valuable right on the petitioner. The contention of the petitioner that the date of birth in the school record and passport did not tally with that issued by the Registrar, Births and Deaths, Chandigarh, which is creating technical difficulties for him, is quite believable. Moreover, the proof of the petitioner having born in a reputed Institution like P.G.I. Chandigarh is available on record. In the facts and circumstances of the case, we allow this writ petition and direct the respondents to carry out the necessary change in the date of birth of the petitioner as recorded by the Registrar, Births and Deaths, Chandigarh within one month of the receipt of certified copy of this order. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE August 20, 2008 'rajpal'