(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. By way of intra-court appeal under Clause 15 of the Letters Patent, the original petitioner has challenged the order dated 17.2.2012 passed in Special Civil Application No.2316 of 2012, by which learned Single Judge has refused to issue directions in the nature of writ of mandamus or certiorari directing the respondent to correct the date of birth of petitioner as 14.7.1978 instead of 25.8.1978 in birth certificate which was issued by Talati-cum-Mantri of village Santhal of District Mehsana.
2. The brief facts arising from the case are as under:
2.1. It is the case of the petitioner that he was born at village Santhal of village Mehsana on 14.7.1978. His birth was registered with Talati-cum-Mantri of village Santhal as provided under the provisions of the Registration of Births and Deaths Act, 1969. It is his case that by mistake the respondent no.2 i.e. Talati had mentioned his date of birth as 25.8.1978. It is his case that except in the birth certificate issued by respondent no.2, his correct birth date i.e. 14.7.1978 has been mentioned in number of documents like School Leaving Certificate, Permanent Account Number Card which is issued by Income Tax Department of Government of India, the Passport issued by Passport Authority of India. Since the petitioner who is at present residing at Canada needed the birth certificate, through his father, made an application on 2.4.2011 to respondent no.2 i.e. Talati-cum-Mantri of Santhal to correct the date of birth in the Register and issue the correct birth certificate showing the date of birth as 14.7.1978 instead of 25.8.1978 which is mentioned in the birth certificate.
2.2. Since there was no response from respondent no.2, the petitioner had no alternative but to file the captioned writ petition before this Court. In support of his submission, the petitioner has produced the birth certificate, School Leaving Certificate issued by Diwan Ballubhai Madhyamik Shala of Ahmedabad, the PAN Card issued by Income Tax Department of Government of India, a xerox copy of Passport. The learned Single Judge dismissed the petition on the ground that the petitioner ought to have produced the requisite documents and should have waited for response from the Talati who is the appropriate authority for issuing the birth certificate.
3. Heard learned advocate Mr.Virat Popat for the appellant. By an additional affidavit, the appellant has filed affidavits of his parents namely Ramanlal Patel and Savitaben Patel. In the said affidavits, they have made a statement on oath that the appellant Vipul was born on 14.7.1978 and by mistake the date of birth of Vipul is mentioned in the birth register as 25.8.1978.
4. Though the notice of admission of the appellant is served to the respondents, respondent no.2 Talati-cum-Mantri has not appeared himself or through his advocate.
5. In support of his submission, learned advocate for the appellant has relied upon the judgment in the case of Nitaben Nareshbhai Patel V/s The State of Gujarat and Ors., reported at 2008(1) GLH 556, by which the learned Single Judge has held that the writ petition is maintainable under Article 226 of the Constitution of India when the authority concerned has failed to exercise its statutory powers envisaged in Section 15 of The Registration of Births and Deaths Act.
6. We are satisfied with the documentary evidence produced by the appellant as well as the affidavits filed by the parents of the appellant that the correct date of birth of the appellant is 14.7.1978. In view of this, this appeal is allowed. The impugned order passed by the learned Single Judge dated 17.2.2012 in Special Civil Application No.2316 of 2012 is hereby quashed and set aside. The respondent no.2 is directed to issue a new birth certificate showing the date of birth of the appellant as 14.7.1978. Direct service permitted.
( V.M.Sahai, J ) ( A.J.Desai, J ) srilatha Top