1. Well, the anomaly in dates can be countered by making an affidavit before the Magistrate and then make a newspaper advertisement or gazette notification.

2. It is enough to make the problem resolved.

3. The birth certificate though can not be corrected.

You can make a request before the registrar of birth and death that the entry made before him is erronus and need to be changed.

Registration of Births and Deaths Act, 1969 was enacted to provide for births and deaths and matters connected therewith, which came into force with effect from 1.4.1970. Chapter 3 of the Act provides for registration of births and deaths and Section 13 is pertaining to delayed registration of births and deaths. Sub-section (3) of Section 13 empowers a Magistrate of the First Class to pass an order in case if birth or death is not registered within one year by its occurrence. Initial registration of births and deaths within a period of one year remain with the authority as provided under sub-section (1) and sub-section (2) of Section 13 of the Act. Section 15 of the Act deals with correction or cancellation of entries in the register of Births and Deaths. Section 15 of the Act, read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 provides for detailed procedure to be followed. It says where it is proved to the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be or cancel the entry by suitable entry in original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Thus, it is clear that if it is proved to the satisfaction of the Registrar that entry being erroneous in the register of births and deaths, and it has been fraudulently or improperly made, he can make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under Section 25 of the Act and on hearing from him, take necessary action in the matter.

If registrar deny than the act empowers the Judicial magistrate first class to make such order of correction. Or by way of writ high court can be approached for direction.

Gujarat High Court

Patel vs Talati on 18 August, 2010

Author: H.K.Rathod,&Nbsp;

Gujarat High Court Case Information System

Print

SCA/9571/2010 7/ 7 ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL

CIVIL APPLICATION No. 9571 of 2010

=========================================================

PATEL

ROOPANG GIRISHBHAI - Petitioner(s)

Versus

TALATI

CUM MANTRI & 1 - Respondent(s)

=========================================================

Appearance

:

MR

KEYUR A VYAS for

Petitioner

MR AMIT PATEL AGP for

Respondents

=========================================================

CORAM

:

HONOURABLE

MR.JUSTICE H.K.RATHOD

Date

: 18/08/2010

ORAL

ORDER

1. Heard learned advocate Mr.Keyur A. Vyas for petitioner and learned AGP Mr.Amit Patel for respondents.

2. The petitioner was born on 12.2.1992 at Rancharda village, Taluka Kalol, District Gandhinagar. The petitioner is a student and study of the petitioner is still continued. That in school leaving certificate, the correct date of birth of petitioner is shown as '12.2.1992'. Copy of school leaving certificate is annexed to present petition. But by mistake in Birth & Death Registration Certificate, the date of birth of petitioner is recorded as '12.2.1993', a copy of which is also annexed to present petition. Therefore, petitioner has made an application to respondent No.1 for correcting the date of birth in birth register on the basis of school leaving certificate on 2.8.2010. Along with said application, an affidavit is also enclosed. The copy of said application is also annexed to present petition. The petitioner has also produced a letter of Income Tax Pan Service Unit (Annexure-C, Page-11) wherein also, the date of birth of petitioner is recorded as '12.2.1992'. Learned advocate Mr.Vyas submitted that in spite of aforesaid application made to respondents, no decision is taken so far. Therefore, present petition is filed.

3. Learned advocate Mr.Vyas has placed reliance upon a decision of this Court rendered in SCA No.12822 of 2004 dated 8.10.2004. Relevant observations of aforesaid decision are in Para.2 to 11, which is quoted as under :

2. By way of this petition the petitioner has prayed for a direction to the respondent authorities to accept and entertain the application of the petitioner for correcting his name as Arunkumar instead of Bhalabhai and also his date of birth as 8.8.1969 instead of 5.8.1989 in the Register maintained under the provisions of Registration of Birth and Deaths Act, 1969 and to issue necessary amended certificates accordingly.

3. According to the petitioner, he was born at village Paliyad, Taluka Kalol, District Gandhinagar on 8.8.1969. At that time as his pet name was Bhalabhai , the same was mentioned before the authority and therefore the same was reflected in the birth certificate. The petitioner further contended that by mistake the birth date of the petitioner was mentioned as 5.8.1969 instead of 8.8.1969. Petitioner contended that in all other documents like school leaving certificate, ration card, etc. his name is mentioned as Arunkumar Mohanbhai Patel . Therefore the petitioner approached the respondent authorities to get it corrected his name and date of birth in the birth certificate. The respondent authorities refused to entertain the application of the petitioner and therefore the petitioner has filed the present petition with the aforesaid prayer.

4. Heard the learned counsel for the respective parties. Learned counsel for the petitioner relied upon a decision of this Court in the case of Dr. Sukumar Vs. District Registrar, Births & Deaths, reported in 1993(1) GLR 93, wherein while considering sections 14, 15 and 16 of the said Act it is held that there is a power to correct an entry incorrectly made.

5. Learned counsel next relied upon a decision of this Court in the case of B.K. Suthar Vs. State and Another, reported in 1983(2) GLR 932 wherein it is held as under:

On a plain reading of rule 171 of the Bombay Civil Services Rules, it is manifestly clear that the government servant has a right to the correction of entry either on the ground of apparent clerical error or any other ground including the ground of want of care on the part of the person responsible for making the entry.

The rule nowhere provides for any limitation or making such an application for correction of entry. It is, therefore, beyond the powers and the authority of the government to introduce a rule of limitation by an executive direction contained in the Government resolution since the Bombay Civil Services Rules are Rules enacted in exercise of powers conferred by proviso to Art.309 of the Constitution of India.

6. Learned counsel for the petitioner next relied upon a decision in the case of Mulla Faizal Vs. State, reported in 2002(2) GLR 1553 wherein it is held that the authorities, under the provisions of section 15 read with Rule 12 of the Rules framed thereunder, are duty-bound in law to make necessary enquiries and if necessary to obtain medical opinion to grant change of entry in the Birth register regarding the sex of the appellant and to issue to him a corrected birth certificate.

7. Learned counsel for the petitioner also relied upon a decision in the case of Vimal M. Patel Vs. State of Gujarat, reported in 2001(3) GLR 2484, wherein it is held that the Registrar is entitled to hold an inquiry for this purpose and on the basis of material on record he is not powerless to make correct entries.

8. Learned counsel for the petitioner also relied upon a decision in the case of Dipika Arvindkumar Pancholi Vs. State of Gujarat and Another, reported in 2003(1) GLR 515, wherein it is held that since the statute is silent, it is the case of casus omissi, I.e.

circumstances concerning which the Act is silent, and therefore the powers envisaged under Rule 11 can be extended to enter the name even after a period 15 years.

9. Learned counsel for the petitioner also relied upon a decision of the Division Bench of this Court in Letters Patent Appeal No.231 of 2001, wherein it is held that no direction can be issued by any authority to take away the powers of the Registrar of making correction in entreis which are erroneous in form or substance in the Register.

10. Learned counsel for the respondent is not able to contest the aforesaid settled law.

11. In the premises aforesaid, the petition is partly allowed. The respondent authority is directed to entertain the application submitted by the petitioner for correcting his name as Arunkumar instead of Bhalabhai and also the date of birth as 8.8.1969 instead of 5.8.1969 in the Register maintained under the provisions of Registration of Births & Deaths Act, 1969 within a period of four weeks from the date of receipt of writ of this Court. Rule is made absolute to the aforesaid extent with no order as to costs. D.S.

Permitted.

4. He also relied upon a decision of the Division Bench of this Court in the case of Regional Passport Officer v. Kokilaben w/o Jashwantlal Panchal and others, reported in 2009 (2) GLR 1246. Relevant Para.9 to 12 are quoted as under :

9. We may indicate that Registration of Births and Deaths Act, 1969 was enacted to provide for births and deaths and matters connected therewith, which came into force with effect from 1.4.1970. Chapter 3 of the Act provides for registration of births and deaths and Section 13 is pertaining to delayed registration of births and deaths. Sub-section (3) of Section 13 empowers a Magistrate of the First Class to pass an order in case if birth or death is not registered within one year by its occurrence. Initial registration of births and deaths within a period of one year remain with the authority as provided under sub-section (1) and sub-section (2) of Section 13 of the Act. Section 15 of the Act deals with correction or cancellation of entries in the register of Births and Deaths. Section 15 of the Act, read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 provides for detailed procedure to be followed. It says where it is proved to the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be or cancel the entry by suitable entry in original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Thus, it is clear that if it is proved to the satisfaction of the Registrar that entry being erroneous in the register of births and deaths, and it has been fraudulently or improperly made, he can make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under Section 25 of the Act and on hearing from him, take necessary action in the matter. Learned Single Judge of this Court in Nitaben Nareshbhai Patel Vs. State of Gujarat 2008 (1) G.L.R 884 elaborately considered the scope of above mentioned provisions, and the learned Single Judge also examined at length the provisions of Gujarat Secondary Education Act, 1972 and Gujarat Secondary Education Regulation, 1974. With regard to the change of date of birth entered in the school record, referring to Regulation 12(A), it was stated that if the student has actually left the school, no change can be effected in the record of the school. For making a change in the name, as provided under Regulation 12(5)(1), an application in prescribed proforma with certain documents as narrated in Regulation 5(1)(A) to (D) are required to be submitted. Regulation 12(6) deals with correction of date of birth, which is permissible only when student is studying in the school, and thereafter it can be corrected by the concerned Magistrate of First Class, upon proof of correct birth date.

10. Reference may also be made to the order passed by the Division Bench of this Court in Letters Patent Appeal No. 699 of 2003 in Special Civil Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others, referring to Gujarat Secondary Education Regulation, this Court took the view that the only remedy available to the party with regard to correction of date of birth/place of birth is to approach the authority for redressal of his grievance as provided under Section 13 of the Act.

11. The above discussion would amply show that for carrying out correction of date of birth or place of birth or name, powers have been conferred under the Act on the Registrar as well as the Judicial Magistrate, as the case may be, and also Magistrate First Class when the correction is sought to be made in school record, which is governed by Gujarat Secondary Education Act, 1972 and Regulation framed thereunder.

12. We are therefore, clearly of the view that Passport Authorities are not expected to make their own independent enquiry when there is a dispute or difference with regard to the date of birth, place of birth or name entered in the Passport, especially when entries were once made on the basis of records produced by the Passport holder. If there is any mistake on the records already produced, based on which entries were already made, then it is for the party who seeks correction to produce documents after carrying out necessary correction by the concerned statutory authorities, Judicial Magistrate or the Civil Court, as the case may be. Passport Authorities are always competent to direct the parties to produce relevant documents either from the authorities functioning under the Births and Deaths Register or from the Judicial Magistrate or from the Civil Court, as the case may be. On production of corrected documents, Passport Authorities will immediately carry out necessary correction in the Passport.

5. In view of above observations made by the Division Bench of this Court, it is directed to respondent No.1 herein to consider the application made by petitioner dated 2.8.2010 and also consider the original documents which will be produced by petitioner as well as affidavit of father of petitioner and, thereafter to pass appropriate reasoned order with respect to correcting the date of birth in birth register based on school leaving certificate, within a period of two months from date of receiving copy of present order and communicate the decision to the petitioner.

6. In view of aforesaid observations and directions, present petition is disposed of without expressing any opinion on merits. Direct service is permitted.

(H.K.RATHOD,J.) (vipul) Top

You may have to file a declaratory suit to declare your correct date of birth as per the birth certificate.

You cannot change the date of birth in the birth certificate and thee documents cannot be changed at this juncture hence the nxt option is that you approach civil court with a suit to declare your correct date of birth.

Hi

1) Provisions of registration of birth and death act 1969 and under the provisions of Gujarat Registration of Birth and Death Rules, 2004 will be applicable in your case.

2) The general procedure is that

Option A- In case your date of birth is reflecting wrongly in your birth certificate- then you should apply to district registrar to correct the birth certificate

Option B- In case your date of birth is correctly reflecting in your birth certificate and your date of birth is entered wrongly in school certificate- You should apply for correction of date of birth certificate and other records by filing a petition before the Judicial first class magistrate (having jurisdiction over school).

3) In both the option's, an affidavit along with all records(school leaving certificate etc) is required to be provided by two persons who have personal knowledge of your date of birth(parents, aunt's , grand parents etc).

4) In both the options, the time taken to correct the records is about 8-12 months.

5) In general whenever there are discrepancies in date of birth, the government employer assumes that the certificate which reflects the older age is the correct one and since the inaccuracies in the date of birth between 2 certificates is beyond the control of an employee, there will not be any issues, provided the employer is made aware that you are taking steps to resolve the defects.

Hope this information is useful

1) to correct birth certificate you need evidence that you were born on x date

2) hospital discharge certificate would prove you were born on x date

3) if you were born in maternal uncle home you dont have evidence of your date of birth

4)municipal corporation would not correct your birth certificate

registrar of birth would not rectify your birth certificate after lapse of so many years

2)you need court orders in this regard

3) court would refuse to do it in absence of any documentary evidence of your actual date of birth

A basic format for the affidavit is given below for name change or birth date change:

Before the Judicial Magistrate, Court Name

Affidavit

I Mr. ……………………….. S/o ………………………………… aged about ____________ yrs, residing at………………………………. ,do hereby solemnly affirm and state:

That my recorded name in school and college is ______________(YOURNAME), but I myself popularly known as _________________(New name).That after the completion of my studies I want to start a business in IT Sector. From the numerology point of view; I came to a conclusion that the business in my nickname as in the name of NICKNAME will helpful for my endeavours.That by virtue of this affidavit, I changed my name from YOURNAME (old name) to CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new name) for all purposes.That the facts stated above are true to the best of my knowledge and belief.

Identified by-

Advocate Deponent

CERTIFICATE

Certified that the above named deponent being identified by ______________( ADVOCATE NAME), do hereby solemnly affirm his knowledge and belief.

Place:

Date:

Notary Public, City Name

Step- II:

Publication in the Newspaper

The next step is to publish an advertisement in two newspapers- one in the official vernacular language and the other in English.

This is done to publically declare the change in the name so that if a conflict arises later, you have an official declaration of your name change.

Preserve the copies of the newspapers very carefully as well its scanned copies.

A sample copy of the format is as follows:

I, Mr./Mrs.____________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by an affidavit sworn before the Notary Public, ______________ (place) on _________ (date). Henceforth, I shall be known as _________________ (New Name) for all the purposes.

 ______ (Name) and ________ (Complete Postal Address).

Full Signature

Step- III:-

Notifying in the Gazette

The next step is to get your name published in the State/ national gazette.

Go to the department that looks after the Gazette publication, the Government Press, in most of the cases.Fill the “Deed changing surname Form” and fill it very carefully following all the instructions mentioned onThe name changing notification will then be published in the Gazette and you’ll receive its copies in the mentioned address in the Deed Form.

With this, the name change procedure gets officially completed.

 The documents required for Name change in gazette for Major / Minor:

For Major / Adults (Mandatory Documents)

ID Proof : Pan card or Passport or Driving Licence or Aadhar Card or Voters IdAddress proof : Ration Card or Aadhar Card or Electricity Bill

Photo : One Passport Size PhotoApplication Form : Duly Signed Application Form with all details & reason for Name change

Optional:

Marriage certificate ( if Any for Female after Marriage)

Affidavit ( If Any Made for any reasons like Adoptions etc.)

Divorce papers (In case of Divorce) etc.

For Minor below 18 years (Mandatory Documents)

ID Proof: Aadhar card or School ID or Aadhar Card

Address Proof: Ration card or Aadhar Card

Age Proof: Birth Certificate or School LC or Bonafide

Photo: One Passport Size Photo

Application Form : Duly Signed By Minor if possible and parents or Guardians

Step- IV:-

Getting official documents changed

After you have successfully changed your name, you will have to update you official official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:For changes in the PAN card, you need to fill the following form:For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

It will take you just one day to obtain the same from A Ld. 1st Class Judicial Magistrate

I have already advised how to resolve the dispute. There is no way the court is involved in this.

In your employment the date registered as in service book at time of join will be considered only after rectification it can be changed.

So once you can get date right on birth certificate you can ask for retification from department.

There should no contradiction if rightly recorded as per other documents

there will no problem.

Generally the JMFC In such case reviews document on record only so order can be passed in month or two.

Keep hospital discharge certificate.

Also give reason on affidavit as to why it was wrongly recorded.

File a petition to your corporation or to your municipal Commissioner to change it

You'll need a court order for rectifying your DOB on your birth certificate.

Approach the court and seek a direction against the concerned Registrar, Deaths and Births, so that your DOB is corrected to the one reflected in your Aadhar and ohers documents.

In this scenario you should prefer an undertaking to the municipality for rectification in the date in the birth certificate.  you should file an affidavit in the support of the undertaking. The affidavit will be based on the date of birth mentioned in the Aadhar card, driving licence and school leaving certificate

Birth certificate issued by the authority competent to issue the same is the genuine and proper document to establish your date of birth.

A case in court in this regard may not take much time, it can be disposed within 6 months also.

1. You are deficient in providing details.

2. If you were born in your maternal Uncle's home then who had issued you the said birth certificate which is different from the date of birth mentioned in all your other certificates?

3. Do your other certificates (excepting your said birth certificate) show the same date of birth or all your other certificates show different date of birth>

4. If your birth certificate was availed from the Municipal Corporation after your birth then you can file a notarised affidavit before the Municipal Corporation and collect your birth certificate afresh with the changed date to match with the date of birth mentioned in all your other certificates.

5. Thu you shall change the birth certificate itself.

7. Alternatively, you can execute an affidavit before a 1st Class Judicial Magistrate affirming that while admitting you wrong date of birth of yours was recorded by the scholl authorities which continued and is now required to be corrected.

8. After getting the said affidavit affirmed, you shall have to apply before all the appropriate authorities, to correct the your date of birth in their records, by enclosing copy of the said affidavit and issue fresh certificates to you.

1. If by altering your date of birth recorded with your employer does not establish that you have entered your organisation even after crossing the maximum age limit for applying for the said job, then you might face problem since you become ineligible to apply for the said job for crossing the age limit.

2. Otherwise there should not be any problem with your organisation.

See, it is not fatally correct as the school certificate holds more value then the birth certificate.

No one would ever ask you in government job for your birth certificate as it was in the early years when it was needed for the schools admission,

God Bless You Too Sir,

Feel free to have discussion on any issue through Kanoon.

You need to apply the same in the municipal office with affidavit if correct name the reason and document supporting the same. A fresh certificate Wil be issued to you if your case belongs to fit case for rectification for the same.

You can procedurally change your DOB in all the certificates as per your birth certificate. In every case you will have to submit one affidavit that there is mistake in your DOB and that same needs to be corrected as per your birth certificate.