Madras High Court
K.Chandran vs Government Of Tamil Nadu on 23 November, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.28482 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.28482 of 2018
&
W.M.P.No.33236 of 2018
1.K.Chandran
2.P.Dhanabalan
3.M.V.Andiappan
4.K.Seerangaraj ... Petitioners
Vs.
1.Government of Tamil Nadu
Rep by its Principal Secretary
Health and Family Welfare Department
Fort St.George
Chennai-600 009
2.The Director of Public Health & Preventive Medicine
Office of the Director of Public Health &
Preventive Medicine and Chief Registrar of Births and Deaths
DMS Compound
Teynampet, Chennai-600 018 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of
Writ of Certiorarified Mandamus calling for the records pertaining to the order
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1/15
W.P.No.28482 of 2018
passed by the 1st respondent in its G.O.Ms.No.443, Health and Family Welfare (AB2)
Department dated 26.09.2018 quash the same direct the respondents to follow the
Section 7 of the Registration Birth and Deaths Act, 1969 for giving appointment as
Registrar of Births and Deaths to the petitioners.
For Petitioner : Mr.P.Ganesan
For Respondents : Mr.L.S.M.Hasan Fizal, AGP
ORDER
This Writ petition has been filed for issuance of Writ of Certiorarified
Mandamus calling for the records pertaining to the order passed by the 1 st respondent
in its G.O.Ms.No.443, Health and Family Welfare (AB2) Department dated
26.09.2018 quash the same direct the respondents to follow the Section 7 of the
Registration Birth and Deaths Act, 1969 for giving appointment as Registrar of Births
and Deaths to the petitioners.
2. The petitioners are working as Sanitary Inspector at Coimbatore
Corporation, Coimbatore District for the past 25 years without any promotional
opportunity. At this juncture, the 1st respondent all of sudden passed G.O.No.443
Health and Family Welfare (AB2) Department dated 26.09.2018 without any
application of mind and any not based on the any rational or based on any study
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report as per the Section 7(1) of the The Registration of Birth and Deaths Act, 1969.
as the petitioners will be severely affected they have filed the present Writ Petition
challenging the G.O.Ms.No.443, Health and Family Welfare (AB2) Department
dated 26.09.2018.
3. The petitioners were appointed in various categories and they were all
regularised as Sanitary Inspectors and they have been working in the Coimbatore
Corporation. According to the petitioners as per Sec.7(1) of the Registration of Births
and Deaths Act, 1969, Registrars are appointed for each local area within the
jurisdiction of a Municipality, Panchayat or other local authority or any other area or
a combination of any two or more of them; provided that the State Government may
appoint in the case of a Municipality, Panchayat, or other local authority any officer
or other employee thereof as a Registrar. Every Registrar shall without fee or reward
enter in the register maintained for the purpose all information given to him under
Section 8 or Section 9 and shall also take steps to inform himself carefully of every
birth and every death which takes place in his jurisdiction and to ascertain and
register the particulars required to be registered. Every Registrar shall have an office
in the local area for which he is appointed. Every Registrar shall attend the office for
the purpose of registering births and deaths on such days and at such hours as the
Chief Registrar may direct and shall cause to be placed in some conspicuous place on
or near the outer door of the office of the Registrar a board bearing in the local
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language, his name with the addition of Registrar of Births and Deaths for the local
areas for which he is appointed and the days and hours of his attendance. The
Registrar may with prior approval of the Chief Registrar, appoint Sub-Registrars and
assign to them any or all of his powers and duties in relation to specified areas within
his jurisdiction.
4. The learned counsel for the petitioners would submit that they are eligible to
be appointed as Registrars of Coimbatore Corporation to register births and deaths
which has been followed from 1977 onwards. The G.O.Ms.No.659, Family and
Health and Welfare Department dated 13.03.1977 makes the Sanitary Inspector V is
eligible to be appointed as Registrar to carry out the births and deaths in the local
area.
5. The 1st respondent taking a decision based on the recommendation made by
the 2nd respondent and brought the post of multi-purpose Supervisor (Male) of
Primary Health Center for Births and Deaths Registrars to the District Headquarters
Hospitals, Government Medical College Hopsitals, Taluk and Non-Taluk Hospital,
ESI Hospital and Government women and children Hospital situated in Village
Panchayats, Town Panchayats, Municipalities and Corporation (Except Chennai
Corporation) vide G.O.No.443 Health and Family Welfare (AB2) department dated
26.09.2018 to carry out the registration of Births and Deaths duty and also the 1 st
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respondent directed to amend suitably the concerned rules. The petitioners submits
that order of appointment/transfer the service is per se illegal and submitted that as
per the Municipalities they have powers to appoint as per the 12 th Schedule of the
Indian Constitution Act, 1991 in which 18 responsibilities were given to the
Municipalities and local bodies to discharge were taken away.
6. The Tamil Nadu District Municipalities Act-1920 (Tamil Nadu Act V of
1920) provision 286 specifies compulsory registration of vital statistics and
accordingly the Municipal Council has to register all births and deaths occurring in
the Municipality. The department of health and family welfare department issued
G.O.Ms.No.659 dated 13.03.1977, and as per the said G.O the Sanitary Inspectors
were taking care of them and as per G.O.Ms.No.443 the said power has been taken
away by the authorities concerned and the same is illegal and liable to be quashed. He
would also further submit that when two registered unit function in the same locality
and one is from another department apparently violates the Art.243(W) Constitution
of India and the existing system of births and deaths registration is being updated and
equipped then and there in Municipalities and Corporations as they have sufficient
and sound infrastructure and other facilities and quick and qualitative service to the
public and the births and deaths occurrences happen in the purview of the local body
and it should be brought under one umbrella and therefore the impugned Government
Orders is liable to be set aside.
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7. According to him the 1st respondent failed to see the aspect in carrying out
the registration of births and deaths by the respective officer as per Government
Order in G.O.Ms.No.659 of Health and Family Welfare department dated
13.03.1977. Infact , the 1st respondent passed the Government Order and creating the
post holder is violative of principles of natural justice. The action of the 1 st respondent
permitting to carry out the births and deaths duty with large cover the areas
dependently would create more confusion and not give proper registration among that
area and prays that this Court should interfere with the impugned order of the 1 st
respondent and set aside the same.
8. Heard Mr.P.Ganesan, learned counsel appearing for the petitioners and
Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for the
respondents.
9. Learned AGP filed the counter denying all the averments and would submit
that the Director of Public Health & Preventive Medicine, the 2nd respondent is Chief
Registrar of Births and Deaths and the executive authority in the State for carrying
into execution of the provisions of the Act and the rules made there under Sub-
Section (3) of Sec. 4 of the Registration of Births and Deaths Act, 1969 (Act 18 of
1969) and as per the Act came into force with effect from 01.04.1970 in Tamil Nadu.
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In exercise of powers conferred U/s. 30 of the Act, the State Government framed rules
titled as “The Tamil Nadu Registration of Births and Deaths Rules 1977” and
notification issued in G.O.Ms.No.658, Health and Family Welfare Department dated
15.03.1977, In supersession of the above said Rule revised dated 29.12.1999 came
into force as “ The Tamil Nadu Registration of Births and Deaths Rules 2000” and
notification were issued in G.O.Ms.No.528, Health and Family Welfare (AB2)
Department dated 29.12.1999 and came into force with effect from 01.01.2000. As
per the said Sec. 7, the Act provides that State Government may appoint a Registrar
for each local area comprising the area within jurisdiction of a Municipality,
Panchayat or other local authority or any other area or a combination of any two or
more of them provided that the State Government may appoint in the case of a
Municipality, Panchayat or other local authority, any officer or other employee
thereof as a Registrar. Accordingly, G.O.Ms.No. 659, Health and Family Welfare
Department dated 15.03.1977, the Registrar General India being the Central
Authority for implementation of the said Act has directed all the Chief Registrars of
Births and Deaths to open registration centres within the medical institutions
including District Hospitals vide Letter.No.6/3/98/VS (CRS) dated 03.06.1999 so that
the person who accompany the mother in case of birth and the person who
accompany the deceased can approach the Registrar for registering the occurrence of
the vital events and collect the certificate immediately U/s.12 and also it will provide
an opportunity to note any mistakes in the registration records immediately for
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effecting correction by the birth and death Registrar to save the difficulties in
correcting the birth and death Registration records at a later date.
10. Learned AGP relied on the judgment of the Hon'ble Supreme Court in
Committee for Legal Aid to poor Vs. Union of India and Ors, reported in (2011) 2
SCC 797 has held as follows:
“ .. India is signatory to the UN Convention on
the “Rights of the Child 1989” which states in
Article 7 that the child shall be registered
immediately after birth. Similarly the National
Population Policy 2000 has set a goal or achieving
100% registration of birth by 2010”.
The State Government ordered for appointment of the Multipurpose Health
Supervisors (Male) as Registrars for all Government Medical Institutions (except
Chennai Corporation) in G.O.Ms.No.443, Health and Family Welfare (AB2)
Department dated 26.09.2018. Hence, the appointment of Registrars has not in
anyway affected the promotional opportunity of the petitioners. The Chief Registrar
of Births and Deaths who being the Chief Executive Authority of the State proposed
the Multi purpose Health Supervisors (Male) as Birth and Death Registrars for all
Government Medical Institutions to have uniformity in appointment of Registras and
this is not infringing the powers of the Registrars under Sub-Section (5) of Sec. 7 of
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the Act. The State in order to simplify the registration work and to improve the
services to public has implemented the appointment of Multi purpose Health
Supervisors (Male). The Registrar General India, being the Central Authority for the
implementation of the said Act, has directed all the Chief Registrars of Birth and
Deaths to open registration centres within the medical institutions including District
Hospitals in vide Letter No.6/3/98/Vs (CRS) dated 03.06.1999, so that the person
accompanying cal approach the Registrar for registering the occurrence of the vital
events and collect the certificate immediately U/s. 12 of the Act. It is submitted that at
present 65% of the deliveries take place in Government Institutions and 62% of the
Institutional deaths occur in Government Institutions, since the Government Hospitals
take care of all kinds of patients. The Sanitary Inspectors of Urban Local Bodies are
the Birth and Death Registrars for their jurisdiction. They are looking after both the
jurisdictional registration unit and Government Institutions in addition to their regular
official work prior to the issue of G.O.Ms.No.443, Health and Family Welfare (AB2)
Department dated 26.09.2018. Hence, the Multipurpose Health Supervisors (MHPS
(Male) already appointed as Birth and Death Registrars for primary health centres in
G.O.Ms.No.204 Health and Family Welfare Department, dated 15.07.2009 have
been nominated for the above appointment and there is no intention to create a
classification among the Registrars and the Sanitary Inspectors of Municipalities
continue to carry out their job functions as birth and death Registrar for the events
occurring in Private Medical Institution and domiciliary events pertaining to their
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jurisdiction. Prior to coming into force of the Act 18 of 1969, registration was done
under the rules made U/s. 286 of the Tamil Nadu District Municipalities Act. After
the Act 18 of 1969, the rules made under the Municipal Act was repealed with effect
from 15.03.1977. As stated in Sec.286 of the said Act V of 1920, Registration of
Births and Deaths are enforced as prescribed under Act 18 of 1969 and the Tamil
Nadu Registration of Birth and Death Rules, 2000. The Government Order issued to
appoint Registrar in Medical Institutions for registering the births and deaths
occurring in Medical Institution alone and performing the duties of Registrar by the
Multipurpose Health Supervisor (Male) as a Government employee. The
appointment of Registrars in G.O.Ms.No.443, Health and Family Welfare
Department dated 26.09.2018 envisages the availability of the Registrar inside the
premises of the Government Hospitals with an objective to issue free birth certificate
for the deliveries occurring in Government Hospitals on the same day or prior to the
discharge of the mothers from the hospital under Sec.12 of the said Act facilitating
the complete coverage of large number of births and deaths taking place in the
Government Institutions and also it provides an opportunity to note any mistakes in
registration records for effecting correction by the Birth and Death Registrar will save
the difficulties in correcting the registration records at later date. The Government
have appointed Birth and Death Registrar in certain local areas (project areas) in
G.O.Ms.No.866,Health and Family Welfare Department dated 18.05.1979. 1920
(Act V of 1920) envisages the compulsory registration of vital
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NOTIFICATION-I
In exercise of powers conferred by sub-section (1) of Section 7 of the
Registration of Births and Deaths Act 1969 (Central Act 18 of 1969) the Governor
of Tamil Nadu hereby appoints the officers specified in column (1) of the Table
below as the Registrar for the Local area specified in the corresponding entries in
the column (20) thereof.
THE TABLE
Officer(1) Local area(2)
Chief Medical Officer Bharat Heavy Electrical Limited,
Kilasapuram Township Tiruchirapalli
District
Chief Health Inspector Golden Rock, Railway Colony,
Tiruchirapalli District
Sanitary Officer Neyveli Township, South Arcot District
Health Inspector Papanasan project, Tirunelveli District
Officer(1) Local area(2)
Health Inspector Sholayar Nagar, Valparai Sub-Taluk,
Coimbatore District
Supervisor/Civil Sholayar Nagar, Valparai Sub-Taluk,
Coimbatore District
Health Inspector Periyar Dam Project, Madurai District
Health Inspector Cordite Factory,Aruvankadu,The Nilgiris
District
11. Therefore, the Government Order in G.O.Ms.No.443, Health and Family
Welfare Department dated 26.09.2018 has not granted power to set of people as
stated by the petitioners. Under the above circumstances, there is no violation of any
law, rule or code and no powers transferred from Urban Local bodies. The Hon'ble
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Supreme Court in W.P.(Civil) No.37 of 2009 and the powers empowered with the
State Government U/s. 7(1) of the Act 18 of 1969 Act with an objective to issue free
birth certificate for the deliveries occurred at Government Medical Institutions before
the discharge of mother, State Government is empowered under Sec.7(1) of the said
Act issued appointment of Multi Purpose Health Supervisors (Male) as Birth and
Death Registrars for the Government District Headquarters Hospitals, Taluk and Non
Taluk Hospitals, Government Medical College Hospitals, Employees State Insurance
Hospitals and Government Women and Children Hospitals situated in Village
Panchayats,Town Panchayats, Municipalities and in Corporations except Chennai
Corporation. Hence, it is not going to affect the work of the petitioners and prayed for
dismissal of the Writ Petition.
12. On going through the averments of both the parties, it is to be seen that
there is no reason to interfere with the affairs of the Corporations and it is clear that
as per Sec.7(1) the Sanitary Workers are also carrying out the registration of births
and deaths within their jurisdiction and informing the hospital authorities. This is a
case where the Government Institutions and Government Hospitals wherein the
Multipurpose Health Supervisors (Male) are registering the births and deaths and
issuing the certificates within a short period. This cannot be a reason for quashing the
said G.O and this G.O does not take away the powers of the said Sanitary Inspectors
within the aid Corporation and if at all the Corporation has done so there is no such
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statistics produced before this Court to show that their work have been taken away by
the Multipurpose Health Supervisors (Male) and they are interfering with their
jurisdiction. The said G.O was issued for the convenience of the general public. The
learned Additional Government Pleader also submitted that as per Civil Registration
System the revamped registration of births and deaths was implemented from
01.01.2000. The Registration Hierarchy is Chief Registrar of Births and Deaths
(Director of Public Health and Preventive Medicine), Deputy Chief Registrar (Joint
Director (SBHI)), District Registrars (DRO), Additional District Registrars (DDHS),
Joint District Registrars (AD(SBHI) and Registrars. Accordingly departments
involved are Municipal Administration (Corporation and Municipalities), Town
Panchayats, Revenue Administration, Health and Police. They can approach for
registering birth or death as per provision of Sec. 7 (2) of the RBD Act, 1969.
Local Area Birth and Death Registrars
Corporation Sanitary Inspector
Municipality, Township Sanitary Inspector
Town Panchayats Executive Officer/Sanitary Inspector
Village Panchayats Village Administrative Officer
Primary Health Centres& Govt Health Inspector
Medical Institutions
Cantonment Sanitary Inspector
Estates/Plantations Manager
13. Accordingly, the same can be carried out in the online and can be
downloaded by the public seeking for appropriate copies in the place of occurrence
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before the concerned authorities.
Place of occurrence Authority
Municipality and Corporations Commissioner
Town Panchayat, Village Panchayat Sub Registrar of Assurances
and Primary Health Centre
Cantonment Executive Officer
Greater Chennai Corporation Certificates are available online
in the Corporation Website.
14. In view of the above said position, the petitioners apprehension is
unwarranted and this Court is not inclined to interfere with the order passed by the
Government and the Writ Petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
23.11.2023
Index:Yes/No
Internet:Yes/No
Speaking / Nonspeaking order
kpr
V.BHAVANI SUBBAROYAN J.
kpr
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To
1.The Principal Secretary
Government of Tamil Nadu
Health and Family Welfare Department
Fort St.George
Chennai-600 009
2.The Director of Public Health & Preventive Medicine
Office of the Director of Public Health &
Preventive Medicine and Chief Registrar of Births and Deaths
DMS Compound
Teynampet, Chennai-600 018
23.11.2023
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