BHAUMIK AMRUTBHAI PARIKHversusSTATE OF GUJARAT

     C/SCA/15861/2025                              JUDGMENT DATED: 06/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 15861 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

             Approved for Reporting               Yes          No

================================================================
                        BHAUMIK AMRUTBHAI PARIKH
                                  Versus
                         STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR YOGESH G KANADE(3114) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 06/04/2026

                                JUDGMENT


1.       Rule returnable forthwith. Mr. Vaibhav Sharma, learned
Assistant Government Pleader, waives service of notice of Rule for
and on behalf of the respondent No.1.


2.       With the consent of the learned counsel appearing for the
respective parties, the petition has been taken up for $nal hearing
today.


3.       By way of present petition under Articles 226 & 227 of the
Constitution of India read with the provisions of the Registration of



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     C/SCA/15861/2025                                     JUDGMENT DATED: 06/04/2026




Births and Deaths Act, 1969 (hereinafter be referred to as “the Act”),
petitioner has prayed for the following reliefs :

         “A. THIS HON’BLE COURT MAY BE PLEASED TO admit AND allow this
         petition.

         B. THIS HON’BLE COURT MAY BE PLEASED TO direct the respondent
         authority to correct the date of birth of the petitioner (Correct DOB)
         4.07.1997 instead of 02.12.1997 (Incorrect date of birth) in the birth
         certi1cate of the petitioner in the interest of justice.

         C. THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further
         relief/s as may be deemed 1t, just and proper in the facts and
         circumstances of the case, in the interest of justice and equity.”


4.       Brief facts giving rise to the present petition are that, the
petitioner was born at Village Kalol, Taluka: Kalol, District: Mahesana
on 04.07.1997 and his father's name is Amrutbhai Hirabhai Parikh.
That,      on    account   of   inadvertent       error     committed        by    the
guardians/elders of the petitioner, the date of birth was mistakenly
registered as 02.12.1997 and father's name was mistakenly
registered as "Amratlal Hiralal Parmar" in the register of Kalol Gram
Panchayat on 04.12.1997. That, at the time of applying visa process
the applicant proceed to get his birth certi$cate from the Kalol Gram
Panchayat and on receiving the same, the petitioner found that the
birth certi$cate shows his incorrect birth date i.e 02.12.1997 in
column no. 3 of his birth certi$cate instead of 04.07.1997 (Correct
date of birth). That, the petitioner came to know from his parents that
his original date of birth is "04.07.1997" and in all the other
documents viz., School Leaving Certi$cate, Election Card, PAN Card,
Unique Identity Card (Aadhar Card) and passport and identity proof
the actual date of the birth of the petitioner is mentioned as
“04.07.1997”. That, the petitioner declared the above fact by
aArming an aAdavit showing his correct date of birth on the stamp



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     C/SCA/15861/2025                             JUDGMENT DATED: 06/04/2026




paper and also tendered an application to the respondent No.2 to
make correction in Birth Certi$cate by relying on such Govt. record.
However, the respondent No.2 replied to the petitioner that he can
change the name of the father in his birth certi$cate but, the date of
birth is the base of the registration of the birth and it cannot be
changed under the norms of the Birth and Death registration Act.


6.       Being aggrieved and dissatis$ed with the inaction on the part of
the respondent authority, the petitioner has preferred this petition.


7.       Heard Mr. Yogesh Kanade, learned counsel appearing for the
petitioner and Mr. Viabhav Sharma, Assistant Government Pleader,
appearing on behalf of he respondent.


8.       Learned counsel Mr. Kanada has submitted that the date of
birth mentioned in the birth certi$cate issued by the respondent No.2
is incorrect and wrongly written and for that the petitioner has also
produced relevant documents viz., School Leaving Certi$cate, Election
Card, PAN Card, Unique Identity Card (Aadhar Card) and passport and
identity proof stating his correct date of birth, however, the
respondent authority has not considered the same and not issued
corrected birth certi$cate to the petitioner. He has submitted that the
family members and other members in society also know that the
date of birth of the petitioner is 04.07.1997. He has submitted that
the petitioner is preparing for visa to go abroad for better future
prospects and for that, he needs this correction so that in future he
does not have to face any hurdle in the process regarding the
documentation check in terms of date of birth for age criteria. Over
and above the grounds agitated in the memo of petition, learned
counsel Mr. Kanade has urged that the present petition be allowed


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        C/SCA/15861/2025                                                      JUDGMENT DATED: 06/04/2026




and the respondent No.2 be directed to correct the date of birth of the
petitioner and issue fresh birth certi$cate to the petitioner.


9.          I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. Considering the
submissions canvassed by the learned counsel for the petitioner and
considering the fact that the date of birth of the petitioner is recorded
as “04.07.1997” is all the government documents produced by the
petitioner before the respondent authority viz., School Leaving
Certi$cate, Election Card, PAN Card, Unique Identity Card (Aadhar
Card) and passport and identity proof stating his correct date of birth,
the respondent No.2 ought to have corrected the date of birth of the
petitioner and issued fresh birth certi$cate to the petitioner.
Considering all these aspects, I am of the opinion that the present
petition is required to be allowed.


10.         In the result, the present petition is allowed. The respondent
No.2 – Birth and Death Registration OAcer, Gandhinagar is hereby
directed to correct the date of birth of the petitioner as “04.07.1997”
instead of “02.12.1997” and issue a fresh birth certi$cate to the
petitioner. Rule is made absolute. There shall be no order as to costs.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 17:20:45



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