Case Note & Summary
The petitioner, Hansa Raghubhai Dharaviya, filed a petition under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969, seeking correction of her date of birth in the General Register of respondent no.5 Primary School, Morkanda, District Jamnagar. The petitioner's date of birth was recorded as 05/03/1984 in the school register, but the Birth and Death Register maintained by the Gram Panchayat, Morkanda, recorded her date of birth as 05/03/1988, based on an order dated 30/06/1995 passed by the learned Judicial Magistrate, Jamnagar. The petitioner was appointed as Section Officer, Class-II under the Home Department on 17.10.2017. The dispute arose when the petitioner sought correction of her date of birth in the school records to match the birth register entry. The respondents opposed the correction, arguing that the school register entry was made long ago and could not be altered. The court considered the provisions of the Registration of Births and Deaths Act, 1969, and held that the birth register entry is a public document and has evidentiary value. The court directed respondent no.5 to make necessary corrections in the General Register within four weeks, changing the date of birth from 05/03/1984 to 05/03/1988, based on the birth register entry. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Correction of Date of Birth - Petitioner sought correction of date of birth in school records based on birth register entry - Court held that the birth register entry under the Registration of Births and Deaths Act, 1969 is a public document and has evidentiary value, and the school authorities are bound to correct the entry in the General Register accordingly - Held that the petition is allowed with direction to respondent no.5 to correct the date of birth from 05/03/1984 to 05/03/1988 within four weeks (Paras 1-14).
Issue of Consideration
Whether the petitioner is entitled to correction of her date of birth in the school General Register from 05/03/1984 to 05/03/1988 based on the entry in the Birth and Death Register maintained under the Registration of Births and Deaths Act, 1969.
Final Decision
The petition is allowed. Respondent no.5 is directed to make necessary corrections in the General Register, Primary School, Morkanda, District Jamnagar, changing the date of birth of the petitioner from 05/03/1984 to 05/03/1988 within four weeks from the date of receipt of the order. No order as to costs.
Law Points
- Correction of date of birth in school records
- Birth register entry prevails over school register
- Registration of Births and Deaths Act
- 1969
- Article 226 of Constitution of India
