One of the two birth certificates was allowed to be cancelled in absence of any specific rule providing for the same: High Court of Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 22.02.2022 W.P.(C) 1352 2022 VIPIN SEHRAWAT Petitioner DEPUTY COMMISSIONER SDMC Advocates who appeared in this case: For the Petitioner: Mr. Jai Singh Mann Advocate. For the Respondent: Mr. Arun Panwar Advocate. Respondent CORAM: HON’BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA J.The hearing was conducted through video conferencing. Petitioner seeks a direction to the respondent to cancel the birth certificate of the petitioner issued on 24.09.2013. It is contended by the petitioner that the petitioner was born in his house in the village. He submits that at the time when the birth certificate dated 24.09.2013 was got issued erroneously the date of birth of the petitioner was mentioned as 01.11.2002 instead of 01.11.2001. He submits that petitioner today possesses two birth certificates one dated 24.09.2013 where the date of birth has been erroneously W.P(C) 1352 2022 1 shown as 01.11.2002 and the other birth certificate dated 30.10.2015 where the correct date of birth of 01.11.2001 has been mentioned. It is pointed out by learned counsel for the petitioner that in the entire educational record of the petitioner the correct date of birth i.e. 01.11.2001 has been mentioned however in the passport that was obtained by the petitioner the date of birth had been mentioned as 01.11.2002. Learned counsel for the petitioner submits that when petitioner applied for change of the date in his passport the issuing authority has cancelled the passport. Learned counsel appearing for the respondent Corporation submits that there is no rule providing for cancellation of a birth certificate. He further submits that both the certificates one dated 24.09.2013 and other dated 30.10.2015 were issued based on the reports of the District Magistrate certifying the date of birth which was in turn based on the information provided by the father of the Learned counsel for petitioner submits that father of the petitioner is an illiterate person and was not aware of the error committed by him. dates of birth. Petitioner is holding two birth certificates with two different 10. One individual cannot be permitted to hold two birth certificates W.P(C) 1352 2022 2 birth. containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of 11. Continuance of two birth certificates containing two different dates of birth would imply that one individual can pose as two different individuals which error cannot be permitted to perpetuate. 12. Accordingly it is also in public interest that one of the birth certificates be cancelled. Further interest of justice also demands that one of the two certificates be cancelled. 13. The categorical stand of the petitioner is that the birth certificate dated 24.09.2013 contains an incorrect date of birth i.e. 01.11.2002 and the later birth certificate dated 30.10.2015 contains the correct date of birth i.e. 01.11.2001 which is also borne out from the educational record of the petitioner i.e. certificate issued by the CBSE of the secondary school examination and the certificate issued by the CBSE of the All India Senior School certificate examination as also the University documents. In view of the above this petition is disposed of with a direction to the respondent to revoke cancel the birth certificate dated 24.09.2013 issued in the name of ‘Vipin Sehrawat’ with the date of birth ‘01.11.2002’ name of the mother ‘Seema’ and name of the father ‘Satish Kumar’ bearing registration number ‘MCDOLIR 0113 W.P(C) 1352 2022 3 15. Petition is allowed in the above terms. 16. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court FEBRUARY 22 2022 SANJEEV SACHDEVA J. W.P(C) 1352 2022 4 

Summary: One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth. Continuance of two birth certificates containing two different dates of birth would imply that one individual can pose as two different individuals, the error which cannot be permitted to perpetuate. Accordingly, it is also in public interest that one of the birth certificates be cancelled. Further, interest of justice also demands that one of the two certificates be cancelled and the same was held by High Court of Delhi through the learned bench led by Justice Sanjeev Sachdeva in the case of VIPIN SEHRAWAT vs. DEPUTY COMMISSIONER SDMC [W.P.(C) 1352/2022] on 22.02.2022. The facts of the case are the petitioner was born in his house in the village and at the time when the birth certificate dated 24.09.2013 was got issued erroneously the date of birth of the petitioner was mentioned as 01.11.2002 instead of 01.11.2001. Therefore, petitioner today possesses two birth certificates one dated 24.09.2013 where the date of birth has been erroneously shown as 01.11.2002 and the other birth certificate dated 30.10.2015 where the correct date of birth of 01.11.2001 has been mentioned. Petitioner through the present petition seeks a direction to the respondent to cancel the birth certificate of the petitioner issued on 24.09.2013. The petitioner’s counsel submitted that when petitioner applied for change of the date in his passport the issuing authority cancelled the passport. It was submitted that in the entire educational record of the petitioner the correct date of birth i.e. 01.11.2001 has been mentioned, however, in the passport that was obtained by the petitioner the date of birth was mentioned as 01.11.2002. The respondent’s counsel submitted that there is no rule providing for cancellation of a birth certificate. He further submitted that both the certificates one dated 24.09.2013 and other dated 30.10.2015 were issued based on the reports of the District Magistrate certifying the date of birth which was in turn based on the information provided by the father of the petitioner. In the view of aforesaid facts and circumstances, the court disposed the petition with a direction to the respondent to revoke/cancel the birth certificate dated 24.09.2013 to correct the error of petitioner holding two birth certificates with two different dates of birth. The Court observed, “One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth. Continuance of two birth certificates containing two different dates of birth would imply that one individual can pose as two different individuals; which error cannot be permitted to perpetuate. Accordingly, it is also in public interest that one of the birth certificates be cancelled. Further, interest of justice also demands that one of the two certificates be cancelled.” Click here to read the Judgment