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 $nal hearing today. 3. By way of present petition under Articles 226 & 227 of the Constitution of India read with the provisions of the Registration of C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026 Births and Deaths Act, 1969 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs : “A. THIS HON’BLE COURT MAY BE PLEASED TO admit AND allow this petition. B. THIS HON’BLE COURT MAY BE PLEASED TO direct the respondent authority to correct the date of birth of the petitioner (Correct DOB) 4.07.1997 instead of 02.12.1997 (Incorrect date of birth) in the birth certi1cate of the petitioner in the interest of justice. C. THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed 1t, just and proper in the facts and circumstances of the case, in the interest of justice and equity.” 4. Brief facts giving rise to the present petition are that, the petitioner was born at Village Kalol, Taluka: Kalol, District: Mahesana on 04.07.1997 and his father's name is Amrutbhai Hirabhai Parikh. That, on account of inadvertent error committed by the guardians/elders of the petitioner, the date of birth was mistakenly registered as 02.12.1997 and father's name was mistakenly registered as "Amratlal Hiralal Parmar" in the register of Kalol Gram Panchayat on 04.12.1997. That, at the time of applying visa process the applicant proceed to get his birth certi$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$cate, Election Card, PAN Card, Unique Identity Card (Aadhar Card) and passport and identity proof the actual date of the birth of the petitioner is mentioned as “04.07.1997”. That, the petitioner declared the above fact by aArming an aAdavit showing his correct date of birth on the stamp C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026 paper and also tendered an application to the respondent No.2 to make correction in Birth Certi$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$cate to the petitioner. He has submitted that the family members and other members in society also know that the date of birth of the petitioner is 04.07.1997. He has submitted that the petitioner is preparing for visa to go abroad for better future prospects and for that, he needs this correction so that in future he does not have to face any hurdle in the process regarding the documentation check in terms of date of birth for age criteria. Over and above the grounds agitated in the memo of petition, learned counsel Mr. Kanade has urged that the present petition be allowed C/SCA/15861/2025 JUDGMENT DATED: 06/04/2026 and the respondent No.2 be directed to correct the date of birth of the petitioner and issue fresh birth certi$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