SCA/374/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 374 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 ? ========================================================= POOJA JITENDRAKUMAR NAIK - Petitioner(s) Versus AHMEDABAD MUNICIPAL CORPORATION - Respondent(s) ========================================================= Appearance : MS SONAL R SHAH for Petitioner(s) : 1, MR DHAVAL G NANAVATI for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 08/04/2008 ORAL JUDGMENT 1. Heard Ms.Sonal R.Shah, learned counsel appearing for the petitioner. 2. Rule. Mr.D.G. Nanavati, learned counsel appears SCA/374/2008 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. Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed to issue a writ, order or direction to the respondent authority to amend/correct the birth certificate of the petitioner by correcting the birth date as 09.03.1991 instead of 09.10.1991 and to forthwith issue the corrected birth certificate to the petitioner. 4. It is submitted by Ms. Shah that the petitioner had approached the Municipal Corporation to correct the date of birth alongwith documentary evidence such as school leaving certificate. However, the petitioner was informed that as such there are no powers with the authority to make such correction or alteration and therefore the present petition has been filed. SCA/374/2008 3/4 JUDGMENT 5. It is averred that correct date of birth of the petitioner is 09.03.1991 instead of 09.10.1991 and rest of the details mentioned in the birth records and certificate are correct. The petitioner was born at Geeta Maternity Home, Ahmedabad and learned Counsel appearing for the Ahmedabad Municipal Corporation was orally intimated to ascertain the correctness of the contents of the application by way of cross- check and Mr.Dhaval Nanavati, learned Advocate for the A.M.C., informed the Court that the Hospital has not preserved the relevant record of the year 1991. 6. In such or similar cases this Court has by exercising inherent powers vested with the Court has directed the authorities to correct the date of birth and learned Counsel appearing for the A.M.C., has drawn attention to one order passed by this Court (Coram: C.K.BUCH, J.) in Special Civil Application No.370 of 2008 dated 22/01/2008. SCA/374/2008 4/4 JUDGMENT 7. 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 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.] sompura