A single judge bench of the Justice Biren Vaishnav of Gujarat HC has set aside the communication dated 21.06.2022 of the Nandol Gram Panchayat-respondent no.2 where they denied to make necessary changes despite verifying the documents the petitioner has placed his reliance.
Facts:
The prayer in the petition is to change the date of birth of the petitioner from 05.11.1994 to 31.05.1994. The challenge is to the communication dated 21.06.2022 issued by the Nandol Gram Panchayat rejecting the request of the petitioner for change of date of birth. Facts indicate that the petitioner’s date of birth is 31.05.1994 which was registered in the Registrar of Births and Deaths at Nandol Gram Panchayat. However, it was wrongly mentioned as 05.11.1994. Extensive reliance is placed on documents viz. Aadhar Card, copy of the passport, election card and the school leaving certificate, which all indicate that the birth date of the petitioner is 31.05.1994. Even the prayer is also made that the name be changed to ‘Jinalben’ from ‘Sonu’. The documents attached to the petition too indicate that the name appears to be ‘Jinalben’ rather than ‘Sonu’.
Observations of the Court:
The court placed its reliance on order dated 20.02.2018 passed by this Court in case of Natubhai Dharamdas Patel v. State of Gujarat rendered in Special Civil Application No.11841 of 2017. This Court while placing reliance on the provisions of Section 15 of the Registration of Births and Deaths Act and the decision of the coordinate bench of this Court in case of Nitaben Nareshbhai Patel v. State of Gujarat and ors. reported in 2008 (1) GLH 556 held that Section 15 of the Act vests the power on the registrar to make necessary changes after being satisfied by verifying the placed documents that such corrected is needed. it cannot be said that there is no provision, and the Registrar cannot correct the date of birth once it is recorded in the birth register. In fact the provisions of Section 15 of the Act read with Rule 11(4) and 11(5) of the Rules give power to the Registrar to make such correction or modification after having been satisfied on the basis of the documentary evidence that may be produced before him. The registrar has statutory obligation by the statute to make necessary verification and correct the date of birth if he is satisfied on the basis of the documentary evidence.
Decision:
The present application was allowed and the communication dated 21.06.2022 of the Nandol Gram Panchayat-respondent no.2 rejecting the request for change of date of birth is quashed and set aside in light of the documents viz. Aadhar Card, a copy of the passport and the school leaving certificate. The diection was issued make necessary corrections in the date of birth and name after verification in light of the documents referred herein above.
Case: PATEL JINALBEN ANILKUMAR vs STATE OF GUJARAT
Citation: R/SPECIAL CIVIL APPLICATION NO. 14052 of 2022
Coram: Justice Biren Vaishnav
Dated: 07.11.2022
Read Judgment @Latestlaws.com
Picture Source :
