IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22443 of 2008 Between: D.V.S.Bhaksar Ramdas S/o.D.M.S.Vishnu R/o.Plot No.32, BHEL R& Defendant colony,Vikasnagra Hyderabad ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by the Chief Registrar (Birth and Deaths), Dept of Medical and Health, (Vital Statistics), Hyderabad 2 The Registrar (Births and Deaths), Township Administration BHEL, Ramachandrapuram, Hyderabad .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased 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 dated 15.9.2008 as illegal, arbitrary, and consequently set aside the same and direct the 2nd respondent herein to add the name of the petitioner Daughter as DEVALARAZU DEEPTHI in the Birth Register and issue Birth Certiﬁcate in the name of petitioner Daughter. Counsel for the Petitioner: MRA.S.SREEKANTH BABU Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by D.V.S.Bhaskar Ramdas with a prayer to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action and interpretation of the Registrar (Births and Deaths) Township Administration, BHEL, Ramachandrapuram, Hyderabad-2nd Respondent, in his proceedings in Ref.HY/TA/EO/2008, dated 15.09.2008 as illegal and arbitrary. 2. The petitioner was an employee of Bharat Heavy Electricals Limited. He got recorded the factum of his wife giving birth to a female child on 11.04.1981 at BHEL, General Hospital, Ramachandrapuram. He christened the name of his daughter as Devalarazu Deepthi. His daughter studied upto X Class in B.V.B.Public School, BHEL, Ramachandrapuram, Hyderabad; Intermediate at Goutami Junior College, S.R.Nagar, Hyderabad and completed B.Tech. (Computer Science and Engineering) from JNTU College of Engineering, Hyderabad and did her M.S. in USA. His daughter is presently working as Development Engineer in IBM, Atlanta, USA. In order to enable his daughter to obtain VISA in USA for employment, the petitioner approached the Registrar (Births and Deaths) Township Administration, BHEL, Ramachandrapuram, Hyderabad-2nd Respondent, for issuance of birth certificate of his daughter. The 2nd respondent rejected the request of the petitioner on the ground that he had not got registered his daughter’s name within 15 years from the date of birth. The order of rejection is under challenge in this writ petition. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Medical, Health and Family Planning appearing for the Respondents. 4. Learned counsel appearing for the petitioner submits that there is nothing in the Registration of Births and Deaths Act, 1969 (for short, ‘the Act’), which precludes and prohibits to enter the name of the persons in the birth and death register even at the subsequent stage. He placed reliance on the judgments of this Court in W.P.No.13684 of 2007, dated 29.06.2007 (K.V. Chalapathi v. The State of A.P. rep. by the Chief Registrar, (Births and Deaths), Department of Medical and Health ( vital statistics) Hyderabad); W.P.No.4293 of 2008, dated 28.03.2008 (B.K.Nagamalleswara Rao v. the State of A.P. and another); W.P.No.13714 of 2007, dated 29.06.2007 (D. Appa Rao v. The State of A.P.); and W.P.No.12972 of 2007 dated 21.06.2007 ( N. Gurava Rao v. State of A.P. and another) in support of his contention. He further submits that the daughter of the petitioner is now residing in Atlanta, USA. 5. Learned Government Pleader for Medical, Health and Family Welfare appearing for the respondents submits that the petitioner has not established the identity of the person whose name is to be in the Birth Register and in the absence of the same, the second respondent cannot be compelled to enter the name of Devalarazu Deepthi in the birth register. 6. In view of the fact that the daughter of the petitioner is a major and certiﬁcate relates to her, an application is required to be made by herself. The petitioner can at the most assist the respondents for entering the name of his daughter, whose date of birth is certified. 7. The Registration of Births and Deaths Act, 1969 provides for issuance of birth certiﬁcate. The certiﬁcate in Form No. V provides for entering the name 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 entry is made in the Birth Register 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 the there is no prohibition for entering the name of the person, may be after due veriﬁcation. Having regard to the provisions of the Act and the judgments of this Court in above referred writ petitions, the second respondent ought to have considered the application of the petitioner and entered the name of petitioner’s daughter, after satisfying as to the identity. 8. Hence, the writ petition is disposed of at the admission stage with a direction to the 2nd respondent to consider the application of the daughter of the petitioner, as and when submits by her with necessary proof, and enter the name of the daughter of the petitioner in the birth register, after satisfying himself that the certiﬁcate relates to the person whose name is sought to be entered. 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 making the fresh application, as indicated above. There shall be no order as to costs. ______________________ B.SESHASAYANA REDDY, J. Date:06th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}