Case Note & Summary
The petitioner, Renukaben Indravadan Gandhi, filed a Special Civil Application under Articles 14 and 226 of the Constitution of India read with the Gujarat Registration of Birth and Death Rules, 2004, seeking correction of her birth date in the Extract of the Birth Register maintained by respondent no. 2. The petitioner claimed that she was born in the early morning hours of 06.03.1961, shortly after midnight, but the entry in the birth register incorrectly reflected the date as 05.03.1961. She relied on other documents such as School Leaving Certificate, Aadhar Card, and Passport, which consistently recorded her birth date as 06.03.1961. The petitioner made an application dated 17.09.2025 before respondent no. 2 under Section 15 of the Registration of Birth and Death Act, 1969, seeking correction. However, the respondent no. 2 rejected the application vide communication/order dated 06.10.2025 on the ground of want of jurisdiction. Aggrieved, the petitioner approached the High Court. The court considered the submissions of the learned advocates for the parties. The court observed that the Registrar has the power under Section 15 of the Act to correct clerical errors in the birth register. The rejection on the ground of want of jurisdiction was erroneous. The court held that the impugned order dated 06.10.2025 is quashed and set aside. The respondent no. 2 is directed to correct the birth register by showing the petitioner's correct birth date as 06.03.1961 and to issue a fresh birth certificate accordingly. The petition was allowed with no order as to costs.
Headnote
A) Registration of Birth and Death - Correction of Birth Register - Section 15 of Registration of Birth and Death Act, 1969 - Jurisdiction of Registrar - The Registrar has the power to correct clerical errors in the birth register under Section 15. The rejection of the petitioner's application on the ground of want of jurisdiction was erroneous. The court held that the Registrar must consider the application on merits and carry out correction if satisfied about the error. (Paras 4-6) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Correction of Birth Date - The High Court under Article 226 can direct the Registrar to correct the birth register when the authority erroneously refuses to exercise jurisdiction. The court held that the impugned order dated 06.10.2025 is quashed and set aside, and the respondent no. 2 is directed to correct the birth register showing the petitioner's birth date as 06.03.1961 and issue a fresh birth certificate. (Paras 7-8)
Issue of Consideration
Whether the respondent no. 2 (Registrar) has jurisdiction to correct the birth date in the birth register under Section 15 of the Registration of Birth and Death Act, 1969, and whether the petitioner is entitled to correction of her birth date from 05.03.1961 to 06.03.1961.
Final Decision
The petition is allowed. The impugned order dated 06.10.2025 passed by respondent no. 2 is quashed and set aside. Respondent no. 2 is directed to correct the birth register by showing the petitioner's correct birth date as 06.03.1961 and to issue a fresh birth certificate accordingly. Rule is made absolute. No order as to costs.
Law Points
- Correction of birth register under Section 15 of Registration of Birth and Death Act
- 1969
- Jurisdiction of Registrar to correct clerical errors
- Power of High Court under Article 226 to direct correction
- Evidentiary value of school leaving certificate
- Aadhar card and passport for birth date
