GAURAVKUMAR AMRUTLAL GONDALIYAversusSURAT MUNICIPAL CORPORATION
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court directed the petitioner to re‑apply for correction within a week and the respondent authority to decide the application within four weeks, thereby disposing of the petition without granting a writ of mandamus.
Summary
The petitioner, Gauravkumar Amrutlal Gondaliya, filed a writ petition under Article 226 of the Constitution and the Births and Deaths Registration Act, 1969, seeking correction of his son’s name on the birth certificate issued by Surat Municipal Corporation, which erroneously recorded the name as “Devin” instead of “Ram”. The petitioner had already corrected the name through a Government Gazette and applied to the authority on 11‑07‑2025 for the correction, but the application was rejected. The High Court, after hearing both parties, observed that the petitioner was entitled to have the correction effected and directed him to re‑file the application within a week. The Court further ordered the respondent authority to decide the fresh application as soon as possible, preferably within four weeks, in accordance with law. Consequently, the petition was disposed of with these directions, and no writ of mandamus was issued.
Issues considered
- What is the appropriate remedy when a birth certificate contains an incorrect name despite a Gazette correction?
- Whether the authority is obligated to re‑consider and correct the birth certificate under the Births and Deaths Registration Act, 1969.
Subjects
Judgment
C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15205 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
-- No
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GAURAVKUMAR AMRUTLAL GONDALIYA
Versus
SURAT MUNICIPAL CORPORATION & ANR.
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Appearance:
MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 10/03/2026
ORAL JUDGMENT
1. RULE returnable forthwith. Mr.Kaushal Pandya, learned counsel
waives services of notice of rule on behalf of the respondents.
2. With the consent of learned counsel appearing for the
respective parties, the present petition is taken up for 9nal hearing.
3. Present petition is 9led by the petitioner under Article 226 of
the Constitution of India and under the provisions of the Births and
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C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026
Deaths registrations Act, 1969 with the following reliefs:-
(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or any other appropriate writ, order or
directions quashing and setting aside the impugned
decision dated 31.07.2025 issued by respondent No.2 and
further be pleased to direct the respondent No.2 authority
to issue fresh birth certi.cate to the son of the petitioner
after making necessary correction in the ‘Name’ column as
per the application dated 11.07.2025 submitted by the
petitioner herein.
(B) During the pendency and .nal disposal of the present
petition YOUR LORDSHIPS may be pleased to direct the
respondent No.2 to issue fresh birth certi.cate to the
petitioner after making necessary correction in the ‘Name’
column as per the application dated 11.07.2025 submitted
by the petitioner herein.
(C) Pass any such other and/or further orders that may
be thought just and proper in the fats and circumstances of
the present case.
4. Short facts of the present petition are that the son of the
petitioner was born on 14.03.2022 at Surat, for which the birth
certi9cate was issued by respondent No.2, however, in the said
certi9cate, the name of son of the petitioner is mentioned as “Devin”
instead of “Ram”. That the petitioner had corrected the name in the
Government Gazette, wherein the name of his son is changed from
“Devin” to “Ram”.
4.1 The petitioner had made an application for correction in the
name of his son in the birth certi9cate on 11.07.2025, but the same
came to be rejected by respondent - authority.
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C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026
5. Being aggrieved and dissatis9ed with the in action on the part
of the respondent – authority, the present petition is 9led.
6. Having heard learned counsel appearing for both the sides and
considered the averments made in the petition and considered the
decisions of this Court as mentioned in the petition, it appears that
the son of the petitioner was born on 14.03.2022, for which the birth
certi9cate was issued by respondent – authority, but the name of the
son of the petitioner was wrongly mentioned as “Devin” instead of
“Ram” and, thereafter, the petitioner made an application before the
respondent – authority for correcting the name of his son in the birth
certi9cate, however, the same came to be rejected and, therefore,
this petition is 9led. Considering the facts of the case and decisions of
this Court, let the petitioner may prefer an application before the
concerned authority within a period of four weeks.
7. In view of the aforesaid facts and circumstances of the case, the
petitioner shall prefer an application before the respondent – authority
within a week and the respondent – authority shall decide an
application as early as possible preferably within a period of four
weeks in accordance with law and after considering the decisions of
this Court.
8. With the aforesaid direction, the present petition is disposed of
accordingly. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/03/2026 17:18:39
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