Delhi High Court
Vipin Sehrawat vs Deputy Commissioner Sdmc on 22 February, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.02.2022
+ W.P.(C) 1352/2022
VIPIN SEHRAWAT ..... Petitioner
versus
DEPUTY COMMISSIONER SDMC ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Jai Singh Mann, Advocate.
For the Respondent: Mr. Arun Panwar, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to cancel the birth
certificate of the petitioner issued on 24.09.2013.
3. 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.
4. He submits that petitioner today possesses two birth certificates
one dated 24.09.2013 where the date of birth has been erroneously
Signature Not Verified
W.P(C) 1352/2022 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.02.2022
Signing Date:22.02.2022 23:03:05 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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.
5. 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.
6. 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.
7. 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
petitioner.
8. Learned counsel for petitioner submits that father of the
petitioner is an illiterate person and was not aware of the error
committed by him.
9. Petitioner is holding two birth certificates with two different
dates of birth.
10. One individual cannot be permitted to hold two birth certificates
Signature Not Verified
W.P(C) 1352/2022 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.02.2022
Signing Date:22.02.2022 23:03:05 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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.
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.
14. 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-
005800106'.
Signature Not Verified
W.P(C) 1352/2022 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.02.2022
Signing Date:22.02.2022 23:03:05 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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
Master.
SANJEEV SACHDEVA, J.
FEBRUARY 22, 2022
rk
Signature Not Verified
W.P(C) 1352/2022 Digitally Signed 4
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.02.2022
Signing Date:22.02.2022 23:03:05 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
