SCA/30841/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 30841 of 2007 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 ? ========================================================= MANJULABEN DASHRATHLAL SHIVRAM PATEL & 1 - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR PANKAJ K SONI for Petitioner(s) : 1 - 2.MS RAKSHA S DIKSHIT for Petitioner(s) : 1,MS PRATIKSHA P JOSHI for Petitioner(s) : 1, MR VINAY PANDYA, ASSTT. GOVERNMENT PLEADER for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 15/02/2008 ORAL JUDGMENT 1. Heard Mr. Pankaj Soni, learned counsel for the petitioner and Mr. Vinay Pandya, learned AGP for the respondents. 2. Rule. Mr.Vinay Pandya, learned AGP waives SCA/30841/2007 2/4 JUDGMENT service of Rule on behalf of the respondents. 3. Invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners, by the present petition have prayed for appropriate writ, order or direction to the competent authority and Talati cum Mantri, Undhai Gram Panchayat, Taluka Vijapur, District Mehsana that entry in the birth register of village Undhai may be corrected and the date of birth of petitioner no.2 wrongly entered in the birth register may be replaced by the entry of correct date of birth, that is, the date of birth reflected in the school leaving certificate of the petitioner no.2 and other ancillary documents. 4. Petitioner no.1 is the mother and petitioner no.2 is her son, whose date of birth is required to be corrected in the birth register of village Undhai. As per the register of birth, date of birth of the petitioner no.2 is mentioned as 24th March, 1980. It is submitted that the petitioner no.2 is born on 1st January, 1980. The mother who delivered the petitioner no.2 is the best person to state this fact on oath. Learned counsel appearing for the petitioners has relied upon a decision of this Court in the case of B.K. Suthar Vs. State and another, reported in 1983 [2] GLR 932. 5. Learned counsel for the petitioners also relied upon a decision in the case of Vimal M. Patel Vs. State of Gujarat, reported in 2001 [3] GLR SCA/30841/2007 3/4 JUDGMENT 2484, wherein it is held that the Registrar is entitled to hold an inquiry for this purpose and on the basis of material on record he is not powerless to make correct entries. 6. Learned counsel for the petitioners also relied upon a decision in the case of Dipika Arvindkumar Pancholi Vs. State of Gujarat and Another, reported in 2003 [1] GLR 515, wherein it is held that since the statute is silent, it is the case of the casus omissi, i.e. circumstances concerning which the Act is silent, and therefore the powers envisaged under Rule 11 can be extended to enter the name even after a period of 15 years. 7. Learned counsel for the petitioners has also relied upon a decision of the Division Bench of this Court in Letters Patent Appeal No. 231 of 2001, wherein it is held that no direction can be issued by any authority to take away the powers of the Registrar of making correction in entries which are erroneous in form or substance in the Register. 8. It is settled law that the competent authority is otherwise authorized to correct the entry in the birth register by recording satisfaction in the margin of the register. In the present case, the competent authority has refused to exercise powers vested with him and therefore, the petitioners have approached this Court. The petition therefore requires to be allowed. 9. The petition is allowed. Respondents are SCA/30841/2007 4/4 JUDGMENT directed to correct the date of birth of the present petitioner no.2 as 1.1.1980 instead of 24.3.1980 in the original birth register maintained under the provisions of Registration of Births and Deaths Act, 1969. This shall be done within a period of four weeks from the date of receipt of writ of this Court. The petitioner no.2 or any one if applies for issuance of a fresh birth certificate after correction of entry, then, necessary birth certificate may be issued to him as per the Rules. Rule is made absolute in the above terms with no order as to costs. 10.Before parting with the order, it would be beneficial to observe that the respondent no.2 Talati cum Mantri of Undhai Gram Panchayat is present and he is intimated about the present order. Direct service is permitted. [C.K. BUCH, J.] pirzada/-