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SCA/9185/2010 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9185 of 2010
=========================================================
MEGHNA
D/O MUKESHBHAI CHHOTUBHAI PATEL - Petitioner(s)
Versus
REGISTRAR
AND TALATI CUM MANTRI & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DM DEVNANI for
Petitioner(s) : 1,
Mr. Amit Patel, AGP for State Authority.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/08/2010
ORAL
ORDER
Heard
learned Advocate Mr. DM Devnani for petitioner and Mr. Amit Patel,
learned AGP for respondent NO.2.
According
to case of petitioner, birth date recorded in birth register is 2nd
December, 1988 but wrongly recorded in school leaving certificate
as 2nd June, 1988 which is required to be corrected by
petitioner. For that, present petition is filed by petitioner.
If
petitioner wants a change in school leaving certificate on the basis
of birth register, then, as per decision of Division Bench of this
Court in case of Regional Passport Officer versus Kokilaben, 2009(2)
GLR 1246, para 9 to 12, petitioner should approach either the
Magistrate or the Civil Court for getting corrected the birth date
in school leaving certificate on the basis of the birth register.
Relevant Para 9,10,11 and 12 of said decision 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 the observations made by the Division Bench of this Court in
aforesaid decision, let petitioner may approach the concerned
Magistrate or the Civil Court for getting corrected date of birth
recorded in school leaving certificate on the basis of the birth
date recorded in birth register as early as possible within period
of fifteen days from the date of receipt of copy of this order. As
and when concerned Magistrate or Civil Court receives such
application from petitioner, it is directed to concerned
Magistrate/Civil Court to consider it and examine it on the basis of
original record which will be produced by petitioner and,
thereafter, to pass appropriate orders in accordance with law after
giving reasonable opportunity of hearing to petitioner as early as
possible, within period of four weeks from the date of receiving
such application from petitioner and communicate decision to
petitioner.
In
view of these observations and directions, this petition is disposed
of by this court without expressing any opinion on merits. Direct
Service is Permitted.
(H.K.
Rathod,J.)
Vyas
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