IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17461 of 2008 Between: Smt. M. Sai Lakshmi, W/o. M.K.S.V. Prasada Rao, R/o. H.NO. 398, MIG Phase-I, BHEL, Ramachandrapuram, Hyderabad - 502 032. ..... PETITIONER AND 1 The State of A.P., Rep by the Chief Registrar, (Births and Deaths) Dept. of Medical and Health (Vitakl Statistics) Hyderabad. 2 The Registrar, (Births and Deaths), Township Administration, B.H.E.L., 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 25- 7-2008 as illegal, arbitrary and consequently set aside the same the direct the 2nd respondent herein to add the name of the petitioner's Son as MANIKONDA SARATH BABU in the Birth Register and issue Birth Certiﬁcate in the name of petitioner's Son. Counsel for the Petitioner: MR A.S.SREEKANTH BABU Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: Action of the Registrar (Births and Deaths) Township Administration, BHEL, Ramachandrapuram, Hyderabad-2nd Respondent in not incorporating the name of son of the petitioner in the Birth Register is assailed in this writ petition. 2. The petitioner gave birth to a male child on 24.10.1972 at B.H.E.L. General Hospital, Ramchandrapuram. The name of the child was not christened as on the date of birth and therefore, the name of the child was not entered in the Birth Register. The child was named as Manikonda Sarath Babu. He studied up to XII Class in BHEL Higher Secondary School, BHEL, Ramachandrapuram, Hyderabad, and completed B.Tech. from Nagarjuna University, Nagarjuna Nagar, Guntur and MBA from JNTU, Hyderabad. Since the name of the child was not incorporated in the Birth Register, the petitioner approached the Registrar of Births and Deaths-cum-Estate Oﬃcer, Township Administration), BHEL, Ramachandrapuram, Hyderabad-2nd Respondent for inclusion of the name of the child in the Birth Register. Her request came to be rejected by the 2nd respondent. Assailing the action of the 2nd Respondent, the petitioner has filed the 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 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. 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 Manikonda Sarath Babu in the birth register. 6. 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 son, after satisfying as to the identity. 7. Hence, the writ petition is disposed of at the admission stage directing the second respondent to consider the application of the petitioner and enter the name of her son in the birth register, 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 prove his identity. 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:12th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}