Supratim Banick vs Kolkata Municipal Corporation & Ors

Sabyasachi Bhattacharyya, J

The Court : The grievance in the present writ petition is that two anomalous birth certificates were issued in favour of the present writ petitioner by the Calcutta Municipal Corporation (now Kolkata Municipal Corporation). Learned counsel appearing for the petitioner submits, on the basis of a document annexed at page 21 of the writ petition, that Sri Aurobindo Seva Kendra, where the petitioner was born on March 23, 1998, issued a preliminary birth certificate, on the basis of which the Kolkata Municipal Corporation (KMC) issued a birth certificate formally, which is annexed at page 23. Such birth certificate was issued by the KMC at the behest of the parents of the petitioner at the time of the Board Examination of the petitioner.

Subsequently, the petitioner obtained a passport in his name, but at the time of having the passport renewed, it came to light that previously another birth certificate was issued, showing the date of birth of the petitioner to be October 23, 2000, which does not tally with the birth certificate issued by the Sri Aurobindo Seva Kendra. Subsequently, the petitioner gave a representation before the KMC for having the earlier birth certificate cancelled, in view of the same having no basis. By an order dated August 23, 2018, passed by a Coordinate Bench in WP No. 13750(W) of 2016, a direction was given on the KMC to consider the said representation of the petitioner.

However, upon considering such representation, an order dated July 17, 2019 was passed by the Chief Municipal Health Officer of the KMC, which is impugned herein, wherein the said authority insisted on an order from a Court of law, declaring the cancellation /revocation of the first birth certificate submitted till date.

Learned counsel for the petitioner places reliance on Section 12 of a Notification bearing No. H/PW/779/A-7/2000 dated September 30, 2000 under the West Bengal Registration of Births and Deaths- State Rules, 2000, which empowers the Chief Municipal Health Officer of a Municipal Corporation to make correction to the entries of registration relating to the Births and Deaths and/or cancellation of such entries. It is submitted by learned counsel for the petitioner that the first birth certificate issued by the Corporation was issued on the basis of a mistaken declaration of the parents of the petitioner. However, the second birth certificate annexed at page 23, is the correct one, since the same is based on the original birth certificate issued by the institution where the petitioner was born.

Learned counsel appearing for the respondent authorities submits that it was for the petitioner to move an appropriate forum for having the first birth certificate cancelled, since the same was issued on the declaration given by the parents of the petitioner themselves.

However, on a perusal of the records, it appears that there is no basis of the date of birth of the petitioner, as disclosed in the first birth certificate issued by the KMC as annexed at page 22, vis-à-vis the second birth certificate annexed at page 23 of the writ petition, the latter being based on the birth certificate issued by the institution where the petitioner was born (annexure P-1 at page 21).

As such, on the materials available on record and in view of the power conferred on the respondent no.2 for correction and/or cancellation of entries relating to birth, the purpose of justice would be sub-served in the event the respondent no.2 is directed to cancel the previous birth certificate of the petitioner, which has no basis.

Accordingly, WP No. 442 of 2019 is disposed of by directing the respondent no.2 to cancel the birth certificate, annexed as annexure P-2 at page 22 of the instant writ petition, pursuant to the power conferred on the said authorities under Section 12 of the Notification as indicated above. The respondent no.2 shall complete such exercise within a reasonable period, preferably within one month from this date.

There will be no order as to costs.

Urgent photostat certified copies if applied for, be supplied to the parties, subject to compliance with all requisite formalities.