MINOR AYESHA MOHAMED JAVED SHAIKHversusSURAT MUNICIPAL CORPORATION

     C/SCA/5865/2026                              JUDGMENT DATED: 07/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 5865 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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

            Approved for Reporting               Yes          No
                                                              No
==========================================================
                   MINOR AYESHA MOHAMED JAVED SHAIKH
                                 Versus
                      SURAT MUNICIPAL CORPORATION
==========================================================
Appearance:
MR. EZZAZUDDIN B HUSENI(18638) for the Petitioner(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                             Date : 07/05/2026

                            ORAL JUDGMENT

1.      RULE returnable forthwith. Mr.Kaushal Pandya, learned
counsel waives services of notice of rule on behalf of the
respondent.


2.      With the consent of learned counsel appearing for the
respective parties, the present petition is taken up for final
hearing.


3.      Present petition is filed by the petitioner under Articles



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14, 19, 21 and 226 of the Constitution of India and under the
provisions of the Births and Deaths Registrations Act, 1969
with the following reliefs:-

          “13(A) THIS HON'BLE COURT MAY BE PLEASED
          TO hold the impugned actions of the Respondent -
          Birth-Death-Marriage Department, Surat Municipal
          Corporation, of not considering the Application dated
          03/02/2026 for correction of the name of the
          Petitioner in the Register of Births and Birth
          Certificate as illegal, unconstitutional and contrary to
          the provisions of Registration of Births and Deaths
          Act, 1969.


          (B) THIS HON'BLE COURT MAY BE PLEASED TO
          direct    the    Respondent     Birth-Death-Marriage
          Department, Surat Municipal Corporation to
          immediately and forthwith correct the name of the
          petitioner to "Ayesha Mohamed Javed Shaikh" in the
          Register of Births and Birth Certificate.


          (C) In the alternative. THIS HON'BLE COURT MAY
          BE PLEASED TO direct the Respondent-Birth-Death-
          Marriage Department. Surat Municipal Corporation
          to immediately and forthwith consider and allow the
          application dated 03/02/2026 preferred by the
          Petitioner for correction of the name of the Petitioner
          in the Register of Births and Birth Certificate.


          (D) THIS HON'BLE COURT MAY BE PLEASED TO
          grant such other and further relief to the petitioner
          as me deem just and proper in the facts and
          circumstances of the case.”


4.      Short facts of the present petition are that the Petitioner
was born on 23/04/2012 at Golden Gift Hospital, Surat, to
Hafsah and Mohamed Javed Sheikh. Though the Petitioner's
correct name is “Ayesha Mohamed Javed Shaikh,” due to an
inadvertent error, her name was wrongly recorded as “Hibah


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   C/SCA/5865/2026                       JUDGMENT DATED: 07/05/2026




Mohamed Javed Shaikh” in the Birth Register and Birth
Certificate. The said error remained unnoticed for several
years.


4.1 After the death of the Petitioner's mother in 2015 and the
incarceration of her father, the Petitioner has been under the
care and custody of her guardian, Mr. Abdul Vadood
Ahmedmia Jarullah. The Petitioner is presently studying in
Standard 8, and her name is correctly recorded as “Ayesha
Mohamed Javed Shaikh” in all school records and Aadhaar
Card.


4.2 The discrepancy came to light only when the Petitioner
applied for APAAR ID and was required to produce the Birth
Certificate. Thereafter, on 03/02/2026, the Petitioner applied
before the Respondent Registrar for correction of her name in
the Birth Register and Birth Certificate along with supporting
documents. However, the Respondent refused to consider the
application stating that he had no authority to make such
correction.


4.3 The Petitioner submits that under Section 15 of the
Registration of Births and Deaths Act, 1969, the Registrar has
the authority to correct erroneous entries upon production of
satisfactory evidence. Since the Petitioner is changing school
for Standard 9 and will require correct records for future
educational purposes, urgent directions are necessary for
correction of the Petitioner's name in the Birth Register and



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Birth Certificate.


5.       Being aggrieved and dissatisfied with the in action on
the part of the respondent – authority, the present petition is
filed.


6.       Having heard learned counsel appearing for both the
sides and considered the averments made in the petition, it
appears that petitioner's correct name is “Ayesha Mohamed
Javed Shaikh,” due to an inadvertent error, her name was
wrongly recorded as “Hibah Mohamed Javed Shaikh” in the
Birth Register and Birth Certificate. It further appears that
the Petitioner is presently studying in Standard 8, and her
name is correctly recorded as “Ayesha Mohamed Javed
Shaikh” in all school records and Aadhaar Card and the said
discrepancy came into light only when the Petitioner applied
for APAAR ID. Thereafter, on 03/02/2026, the Petitioner
applied before the Respondent Registrar for correction of her
name in the Birth Register and Birth Certificate along with
supporting documents.


7.       In view of the aforesaid facts and circumstances of the
case, since the application dated 3.2.2026 has already been
made by the petitioner and pending before the respondent –
authority i.e. Surat Municipal Corporation, the said authority
shall verify the documentary evidence supplied by the
petitioner and after satisfying, fresh certificate be issued in
favour of the petitioner within a period of six weeks from the



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date of receipt of copy of present order.


8.        With the aforesaid direction, the present petition is
disposed of accordingly. Rule is made absolute to the
aforesaid extent. Direct service is permitted.


                                                                                            Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 17:22:51




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