Case Note & Summary
The petitioners, Sanjib Das and Bina Das, are the parents of a child named Deep Das, who was born on 01.10.2008 at Vani Vilas Hospital. Upon application, a birth certificate was issued on 28.10.2008, but the names of the parents were misspelled: the father's name was entered as 'Sandeep Das' instead of 'Sanjib Das', and the mother's name as 'Beena Das' instead of 'Bina Das'. The petitioners noticed the error and made a representation on 18.05.2018 to the Commissioner, Bruhat Bengaluru Mahanagar Palike (BBMP), seeking correction. However, the Commissioner passed an order on 12.07.2018 rejecting the request. Aggrieved, the petitioners filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka, praying to quash the order dated 12.07.2018 and to direct the respondents to rectify the register of births by entering the correct names. The court observed that the respondent authorities ought to have considered the representation and passed appropriate orders. Without expressing any opinion on the merits, the court disposed of the petition with a direction to the respondents to consider the representation afresh and pass a speaking order within four weeks from the date of receipt of a copy of the order. The court also directed that the petitioners be afforded an opportunity of hearing before passing the order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Correction of Birth Register - Petitioners sought correction of misspelled names in birth certificate - Court held that the respondent authorities ought to have considered the representation and passed appropriate orders, and directed them to do so within a stipulated time frame (Paras 1-4).
Issue of Consideration
Whether the respondent authorities are bound to correct the misspelled names of the parents in the birth certificate upon a representation made by the petitioners.
Final Decision
The writ petition is disposed of. The respondents are directed to consider the representation of the petitioners dated 18.05.2018 afresh and pass a speaking order within four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners.
Law Points
- Correction of entries in register of births
- Article 226 of Constitution of India
- Representation to statutory authority
- Duty of authorities to rectify clerical errors
