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SCA/10914/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10914 of 2010
=========================================================
PATEL
VIJAYBHAI JASVANTLAL - Petitioner(s)
Versus
REGISTRAR
BIRTH AND DEATH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DM DEVNANI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 3,
MR AMIT PATEL
AGP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/09/2010
ORAL
ORDER
1. Heard
learned advocate Mr.D.M.Devnani for petitioner and learned AGP
Mr.Amit Patel for respondent No.2.
2. According
to petitioner, the date of birth of petitioner recorded in birth
register is ‘30.07.1959’ but, by mistake, in school leaving
certificate, it has been wrongly recorded as ‘29.7.1959’. Therefore,
it required to be corrected by authority because petitioner required
passport from Passport Officer.
3. In light of these facts, the petitioner has to approach the authority as per decision of this Court reported in 2008 (1) GLH 683. Recently, the Division Bench of this Court in the case of Regional Passport Officer v. Kokilaben w/o Jashwantlal Panchal and others, reported in 2009 (2) GLR 1246, has also considered similar question. 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 authorised 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.
4. In
view of above observations made by the Division Bench of this Court
as well as the decision of coordinate Bench of this Court, as
referred above, let the petitioner may filed appropriate application
before concerned Magistrate / Civil Court / authority under the
provisions of the Gujarat Secondary Education Act for correcting
date of birth which has been wrongly recorded in school leaving
certificate as 29.7.1959 to 30.7.1959 .
5. As
and when concerned Magistrate / Civil Court / concerned authority
receives such application from petitioner, it is directed to
concerned Magistrate / Civil Court / concerned authority to examine
the application made by petitioner and also to find out whether date
of birth recorded in birth register is found to be correct or not and
also to consider other relevant and genuine documents which required
to be taken into account for correcting date of birth in school
leaving certificate and thereafter, to pass appropriate reasoned
order in accordance with law, within a period of three months from
date of receiving such application from petitioner and communicate
the decision to the petitioner.
6. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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