High Court of Gujarat

Sakir Gulam Jogiyat Vs. State of Gujarat and Ors.

MANU/GJ/3190/2019

23.12.2019

Civil

Authorities are duty bound in law to make necessary inquiries before making changes in the birth certificate

In present petition, under Article 226 of the Constitution of India, 1950, the Petitioner has prayed to direct the Respondents no. 3 & 4 to delete the name of the Petitioner from all the records of Respondent no. 5 maintained in their school and office including School Leaving Certificate of Respondent no. 5.

The Petitioner made an application to the Respondent no. 4 school to correct the school records and delete the name of the Petitioner as father of Respondent no. 5. It appears that, the District Primary Education Officer, at the relevant time opined that since Respondent no. 5 was in the secondary Section, the same could not be done by the District Primary Education Officer. On a specific request made, the same was rejected on the ground that, since Respondent no. 5 had left the school, the request for correction of records in the school could not be done.

This Court vide order passed in Special Civil Application had directed to delete the name of the Petitioner as father of Respondent no. 5 in the birth certificate of Respondent no. 5 pursuant to which a fresh birth certificate was issued in favour of Respondent no. 5. Present Court in the said order had categorically relied on the decision of this Court in the case of Mulla Faizal @ Fazilabanu Suleman Ibrahim vs. State of Gujarat and others wherein it is held that, the authorities under the provisions of Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 12 of the Gujarat Births and Deaths Registration Rules, 2004 are duty bound in law to make necessary inquiries before making changes in the birth certificate and in absence of such inquiry the inclusion of the name of the Petitioner in the birth certificate is bad.

Further, in the decision rendered in Special Civil Application, on the point of Regulation 12-A(6) preventing the school from changing the name once the student has left the school, present Court has specifically opined that Regulation 12-A(6) is meant for curbing malpractice and preventing unscrupulous persons from obtaining advantage. The Court has held that, for genuine and bonafide lapses, the same cannot be thrown out on the ground of technicalities.

In the facts of the present case, it is evident that this is not a case of malpractice or malafide. This Court vide order has already permitted the Petitioner to have his name deleted from the birth certificate of Respondent no. 5 and therefore based on the same, the Petitioner deserves to have his name deleted from the records of the school where the Respondent no. 5 was studying. Merely on the ground that the ward has left the school, the authorities cannot reject the request of the Petitioner. Respondents no. 3 & 4 are directed to delete the name of the Petitioner from the records of Respondent no. 5 including the School Leaving Certificate issued by the school. Petition is accordingly allowed.

Relevant

Mulla Faizal @ Fazilabanu Suleman Ibrahim vs. State of Gujarat and Ors. MANU/GJ/1098/2000

Tags : Records Name Deletion

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