Case Note & Summary
The writ petition was filed by a petitioner aggrieved by the refusal of authorities to change his recorded date of birth from 14.06.1975 to 24.12.1976. The petitioner claimed he was born on 24.12.1976, and the hospital confirmed this date to the Registrar of Births and Deaths. However, during his admission to school in 1981, his date of birth was incorrectly recorded as 14.06.1975, which was reflected in his SSC certificate upon completion of his education in 1991. The petitioner discovered the discrepancy in 2002 and sought to rectify it, but his request was denied on the grounds that it was time-barred under G.O.Ms.No.430, which restricts changes to within three years of course completion. The petitioner argued that the rule was arbitrary and that he should not be penalized for his father's error. The respondents contended that the time limit was rationally established to prevent tampering with records. The court found no merit in the petitioner's arguments, emphasizing that the change in date of birth cannot be claimed as a right and that the time limit was justified. Consequently, the writ petition was dismissed as devoid of merit, with no costs awarded.
Headnote
A) Constitutional Law - Right to Change Date of Birth - No Right to Change Date of Birth as a Matter of Right - Constitution of India, Article 16 - The court held that change in date of birth cannot be claimed as a matter of right and must align with applicable provisions. The petitioner failed to demonstrate any grounds for setting aside G.O.Ms.No.430, which prescribes a time limit for such changes (Paras 12-13).
Issue of Consideration
Whether the refusal to change the petitioner's date of birth was arbitrary and illegal.
Final Decision
The court dismissed the writ petition, finding no merit in the petitioner's claim and upheld the validity of G.O.Ms.No.430, which restricts applications for date of birth changes to within three years of course completion.
Law Points
- Writ of Mandamus
- principles of natural justice
- Article 16 of the Constitution
- Registration of Births and Deaths Act
- time-barred applications
- G.O.Ms.No.430
