AIR 2019 GUJARAT 56

Gujarat High Court

Hon'ble Judge(s): Vipul M. Pancholi , J

Registration of Births and Deaths Act (18 of 1969) , S.15— Gujarat Registration of Births and Deaths Rules (2004) , R.11— Correction of name in Birth Certificate - Circular issued by Chief Registrar, Births and Deaths and Commissioner (Health) , State of Gujarat not permitting correction - Cannot override statutory provisions -Authorities cannot reject request of petitioner simply by relying on Circular without making an inquiry - Directions issued for reconsideration of case of petitioner after making inquiry and considering documentary evidence produced by petitioner. Circular dated 18.02.2016 issued by the Registrar, Births and Deaths and Commissioner (Health), State of Gujarat prohibiting correction in name in Birth Certificate cannot override the statutory provisions. The Competent Authority appointed under the provisions of the Act of 1969 and Rules framed thereunder cannot simply rely upon the Circular and reject the request of the concerned applicant, without making necessary inquiry. The expression 'erroneous in form of substance' in Section 15 of the Act is an expression of wide amplitude and does not confine to simple typing errors or clerical mistakes and no guidelines or circulars can take away powers of the Registrar of making correction in entries which are erroneous in form or substance in register as envisaged under Section 15....