Shaheenbanu Bhikhumiya Malek vs State Of Gujarat

A.Y. Kogje, J

This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the

petitioner for mentioning the correct surname of the petitioner.

It is the case of the petitioner that the Birth Certificate reflects the surname of the petitioner as 'Sipai' whereas the correct surname of the petitioner

is 'Malek'. Learned Advocate for the petitioner states that the surname of the father, mother, brother and sister of the petitioner is recorded as

'Malek'.

To remove the above discrepancy in the surname, the petitioner had made an application to respondent No.2. However the respondent No.2 vide

the impugned communication dated 24.01.2020 refused to correct the same citing a Government Resolution dated 18.02.2016.

Learned Advocate draws attention of this Court to the judgment of this Court reported in Nitaben Nareshbhai Patel v. State of Gujarat reported in

2008 (1) GLR 884. Considering the ratio of the aforesaid judgment and another judgment in the case of Sejalben Mukulbhai Patel W/o. Khodabhai

Joitaram Patel v. State of Gujarat and Another reported in AIR 2019 Gujarat 56, it is clear that the Registering Authority is within its power under

Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004, to correct the

error as prayed for. Besides, the correction sought is only an innocuous one and the petitioner does not seek to derive any undue advantage out of

such a change.

Since the Court proposes to dispose of this petition by issuing certain directions, no Notice is issued at this stage. In view of the aforesaid legal

position, it would be appropriate to remand the matter to the respondent No.2 and direct the respondent No.2 to re-consider the application of the

petitioner for rectifying the mistake and correcting the surname of the petitioner as mentioned in this petition, within a period of four weeks after

receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioner and considering the observations made by this Court

in the aforementioned judgments.

With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.