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SCA/9075/2010 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9075 of 2010
=========================================================
PATEL
JITENDRABHAI AMBALAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PS PATEL for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1 -
2.
None for Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/08/2010
ORAL
ORDER
Heard
learned advocate Mr. PS Patel on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent.
According
to facts of present petition, Mamlatdar issued birth certificate,
where date of birth is recorded as 17/1/1961 but in fact real date
of petitioner is 19/1/1961. Therefore, date of birth recorded in
School Leaving Certificate, Passport and Pan card is 19/1/1961.
Learned
advocate Mr. Patel submitted that Mamlatdar has issued birth
register certificate where date of birth of petitioner is wrongly
recorded, which would require correction, for that, let petitioner
may make detailed representation to Mamlatdar, Taluka Siddhpur,
District Patan within a period of fifteen days while annexing
relevant documents which has been relied by petitioner.
As
and when Mamlatdar, Siddhpur receive representation from petitioner,
it is directed to Mamlatdar to consider representation made by
petitioner in light of decision of Division Bench of this Court in
case of Regional Passport Officer Vs. Jaswantlal Panchal & Ors
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 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.
Thereafter,
to pass appropriate reasoned order in accordance with law within a
period of three months from date of receiving copy of representation
from petitioner and communicate 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)
asma
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