Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court

The Gujarat High Court has allowed a writ petition seeking directions to the Registrar under the Registration of Births and Deaths Act, 1969 to issue a fresh Birth Certificate in the name of son of the Petitioner after making necessary correction in his date of birth.A Bench comprising Justice Vaibhavi D Nanavati ordered,"The respondent No.2 is directed to decide the application/representation preferred by the petitioner after taking into consideration the documents produced by the petitioner. The respondent No.2 is further directed to carry out the changes after verification in accordance with law preferably within a period of eight weeks from the date of receipt of copy of this order."The order has been passed in view of Section 15 of the Act which provides for correction or cancellation of entry in the register of births and deaths. The Petitioner submitted that the correct birth date of Petitioner's son was 13.08.2003 instead of 13.09.2003. The petitioner had made a representation for the correction of the same before respondent No. 2 along with necessary documents including copy of the School Leaving Certificate, Aadhar Card, Passport along with affidavit filed by the Petitioner pointing out the error. It was averred that the Respondent was authorised under Section 15 Rule 11(4) of the Registration of Births and Deaths Rules (2004) to make the necessary changes. The Respondent authority, per contra, declined to make the aforesaid changes as sought for by the Petitioner on the ground that the competent authority does not have the jurisdiction to decide the application. However, per the Bench, the documents referred to by the Petitioner were accepted by the Registrar of Birth and Death and yet the application was not decided due to lack of competence. To address this, the Court placed reliance on Natubhai Dharamdas Patel v. State of Gujarat and others wherein the Gujarat High Court had considered Section 15 of the Act of 1969 and Rule 11 of the Rules of 2004 and thereafter directed the Respondent authority for accommodating the request of the concerned Petitioner. In Nitaben Nareshbhai Patel v. State of Gujarat, the High Court had remarked: "The respondent No.2 has got powers for correction in relation to the entries and the name also and such correction or cancellation also comes within the purview of the powers under Section 15 of the Act. In the facts and circumstances of the case, necessary directions are required to be issued to respondent No.2 authority to consider and decide the case of the petitioner again by giving due regard to the material which may be produced by the petitioner." Keeping in view the relevant provisions and precedents, the Bench set aside the impugned communication by the Talati-cum-Mantri and remitted the matter back to the Respondent authorities for taking into consideration the documents produced by the Petitioner. Case Title: PATEL GHANSHYAMBHAI GANDABHAI Versus STATE OF GUJARATClick Here To Read/Download Order

Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court

PRIYANKA PREET

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