Arvindlal Nathalal Prajapati ... vs Vadodara Municipal Corporation

1. This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct name of the petitioner's daughter.

2. It is the case of the petitioner that the Birth Certificate reflects the name of the petitioner's daughter as 'Kushumben' whereas the real / correct name of the petitioner's daughter is 'Chhayaben Arvindlal Prajapati'. Learned Advocate for the petitioner states that the other documents pertaining to the petitioner's daughter like School Leaving Certificate, Passport and Aadhar Card reflects the correct name of the petitioner's daughter.

Page 1 of 3 Downloaded on : Sun Feb 16 13:16:49 IST 2020

C/SCA/20313/2019 ORDER

3. To remove this discrepancy, the petitioner had made an application to respondent dated 20/21.08.2019. However the respondent rejected the application of the petitioner and passed the impugned order dated 29.08.2019.

4. In identical facts situation this Court in the judgment in the case of Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and another judgment in the case of Sejalben Mukulbhai Patel W/o. Khodabhai Joitaram Patel v. State of Gujarat and Another reported in in AIR 2019 Gujarat 56 has issued directions. Considering the ratio of the aforesaid judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004, to correct the error as prayed for. Besides, the correction sought is only an innocuous one and the petitioner does not seek to derive any undue advantage out of such a change.

5. In view of the aforesaid legal position, it would be appropriate to direct the respondent to re-consider the application of the petitioner for rectifying the mistake and correcting the name of the petitioner's daughter as mentioned in this petition, within a period of four weeks after receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioner and considering the observations made by this Court in the aforementioned judgments.

Page 2 of 3 Downloaded on : Sun Feb 16 13:16:49 IST 2020

C/SCA/20313/2019 ORDER

6. With the aforesaid direction, this petition stands disposed of.

Direct Service is permitted.

Sd/-

(A.Y. KOGJE, J) Caroline Page 3 of 3 Downloaded on : Sun Feb 16 13:16:49 IST 2020