The Single Judge Bench of the Delhi High Court, comprising Justice Sanjeev Sachdeva in the case of Vipin Sehrawat v. Deputy Commissioner SDMC has expounded that 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.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner submitted that the petitioner was born in his house in the village. 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 and because of which petitioner possesses two birth certificates today.
He further stated that when petitioner applied for change of the date in his passport the issuing authority has cancelled the passport.
Submission of the Respondent
The Counsel on the behalf of the Respondent submitted 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.
Reasoning and Decision of the Court
The Court perused the facts of the case and observed that “Petitioner is holding two birth certificates with two different dates of birth. 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.
The Court further stated that 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 and 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.
Therefore, the Court disposed of the Writ Petition with a direction to the respondent to revoke/cancel the birth certificate dated 24.09.2013 issued in the name of ‘Vipin Sehrawat’ bearing registration number ‘MCDOLIR-0113- 005800106’.
Case Details
Case: - W.P.(C) 1352/2022
Petitioner: - VIPIN SEHRAWAT
Respondent: - DEPUTY COMMISSIONER SDMC
Judge: Justice Sanjeev Sachdeva
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