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SCA/9510/2010 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9510 of 2010
=========================================================
PATEL
PANNABEN PRAHALADBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KETAN I ACHARYA for
Petitioner(s) : 1,MRSBKACHARYA for Petitioner(s) : 1,
MR ANAND L
SHARMA, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/08/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
According
to petitioner, birth date recorded in birth register is 25th
September 1976 which is incorrect and real birth date recorded in
school leaving certificate is 3rd July 1976, therefore,
representation dated 3rd November 2009 is made by
petitioner to respondent Nos.2 and 3, but, till date, no decision or
any action has been taken by respondents, therefore, present petition
is filed.
I
have considered submissions made by both learned advocates appearing
on behalf of respective parties. In such circumstances, if date of
birth is recorded wrongly in birth register and correctly in school
leaving certificate, then, petitioner shall have to approach both
respondents authorities as per decision of Division Bench of this
Court in case of Regional Pass Port
Officer v. Kokilaben reported
in 2009(2) GLR 1246.
The relevant Para 9 to 12 are quoted as under :
9. We
may indicate that Registration of Births and Deaths Act, 1969 was
enacted to provide for births and deaths and matters connected
therewith, which came into force with effect from 1.4.1970. Chapter
3 of the Act provides for registration of births and deaths and
Section 13 is pertaining to delayed registration of births and
deaths. Sub-section (3) of Section 13 empowers a Magistrate of the
First Class to pass an order in case if birth or death is not
registered within one year by its occurrence. Initial registration
of births and deaths within a period of one year remain with the
authority as provided under sub-section (1) and sub-section (2) of
Section 13 of the Act. Section 15 of the Act deals with correction
or cancellation of entries in the register of Births and Deaths.
Section 15 of the Act, read with Rule 11 of the Gujarat Registration
of Births and Deaths Rules, 2004 provides for detailed procedure to
be followed. It says where it is proved to the satisfaction of the
registrar that any entry of a birth or death in any register kept by
him under this Act is erroneous in form or substance, or has been
fraudulently or improperly made, he may, subject to such rules as may
be made by the State Government with respect to the conditions on
which and the circumstances in which such entries may be or cancel
the entry by suitable entry in original entry, and shall sign the
marginal entry and add thereto the date of the correction or
cancellation. Thus, it is clear that if it is proved to the
satisfaction of the Registrar that entry being erroneous in the
register of births and deaths, and it has been fraudulently or
improperly made, he can make a report giving necessary details to the
officer authorized by the Chief Registrar by general or special order
in this behalf under Section 25 of the Act and on hearing from him,
take necessary action in the matter. Learned Single Judge of this
Court in Nitaben Nareshbhai Patel Vs. State of Gujarat 2008 (1)
G.L.R 884 elaborately considered the scope of above mentioned
provisions, and the learned Single Judge also examined at length the
provisions of Gujarat Secondary Education Act, 1972 and Gujarat
Secondary Education Regulation, 1974. With regard to the change of
date of birth entered in the school record, referring to Regulation
12(A), it was stated that if the student has actually left the
school, no change can be effected in the record of the school. For
making a change in the name, as provided under Regulation 12(5)(1),
an application in prescribed proforma with certain documents as
narrated in Regulation 5(1)(A) to (D) are required to be submitted.
Regulation 12(6) deals with correction of date of birth, which is
permissible only when student is studying in the school, and
thereafter it can be corrected by the concerned Magistrate of First
Class, upon proof of correct birth date.
10. Reference
may also be made to the order passed by the Division Bench of this
Court in Letters Patent Appeal No. 699 of 2003 in Special Civil
Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In
Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others,
referring to Gujarat Secondary Education Regulation, this Court took
the view that the only remedy available to the party with regard to
correction of date of birth/place of birth is to approach the
authority for redressal of his grievance as provided under Section 13
of the Act.
11. The
above discussion would amply show that for carrying out correction of
date of birth or place of birth or name, powers have been conferred
under the Act on the Registrar as well as the Judicial Magistrate, as
the case may be, and also Magistrate First Class when the correction
is sought to be made in school record, which is governed by Gujarat
Secondary Education Act, 1972 and Regulation framed thereunder.
12. We
are therefore, clearly of the view that Passport Authorities are not
expected to make their own independent enquiry when there is a
dispute or difference with regard to the date of birth, place of
birth or name entered in the Passport, especially when entries were
once made on the basis of records produced by the Passport holder.
If there is any mistake on the records already produced, based on
which entries were already made, then it is for the party who seeks
correction to produce documents after carrying out necessary
correction by the concerned statutory authorities, Judicial
Magistrate or the Civil Court, as the case may be. Passport
Authorities are always competent to direct the parties to produce
relevant documents either from the authorities functioning under the
Births and Deaths Register or from the Judicial Magistrate or from
the Civil Court, as the case may be. On production of corrected
documents, Passport Authorities will immediately carry out necessary
correction in the Passport.
In
view of above observations made by Division Bench of this Court, let
petitioner may approach the respondents authorities by filing
detailed representation with supporting documents within a period of
two weeks from the date of receiving copy of present order.
As
and when respondent Nos.2 and 3 received such representation from
petitioner, it is directed to respondent Nos.2 and 3 to consider it
and also consider decision given by Division Bench of this Court as
referred above and thereafter to pass appropriate orders, correcting
date of birth in birth register after scrutinising the documents
which may be placed by petitioner on record, within a period of one
month from the date of receiving such representation from petitioner
and communicate the decision to petitioner immediately.
In
view of above observation and direction, present petition is disposed
of by this Court without expressing any opinion on merits.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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