Page No. 1/4 GAHC010237222025 2025:GAU-AS:15528 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6350/2025 ADITI SHARMA DAUGHTER OF LATE GOLAP CHANDRA SHARMA, RESIDENT OF HOUSE NO. 19, S. G. RESIDENCY, FLAT NO. 2D, UDAY PATH, ZOO TINIALI P.O. ZOO ROAD, IN THE DISTRICT OF KAMRUP METRO, ASSAM, PIN- 781024 AND PERMANENT RESIDENT OF PANIKHAITI, NARENGI, KAMRUP METRO, PIN- 781026. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM SECRETARIATE, DISPUR, ASSAM, PIN -781006. 2:THE DIRECTORATE OF HEALTH SERVICES CUM THE CHIEF REGISTRAR BIRTHS AND DEATHS ASSAM HEALTH COMPLEX LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN- 781036. 3:THE REGISTRAR BIRTHS AND DEATHS OFFICE OF THE CHIEF REGISTRAR BIRTHS AND DEATHS ASSAM HEALTH COMPLEX LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN- 781036. Page No. 2/4 4:SMTI BALA CHETRI C/O. GOLAP CHANDRA SHARMA RESIDENT OF PANIKHAITI NARENGI KAMRUP METRO PIN- 781026. 5:ASHISH MALAKAR THE CHIEF EXECUTIVE OFFICER ASSAM HOSPITALS LIMITED APOLLO HOSPITAL INTERNATIONAL HOSPITAL UNIT GUWAHATI KAMRUP METRO PIN- 781005 Advocate for the Petitioner : MR. M R SODIAL, MR S AHMED,MR. M H SAIKIA,MS S Z HAYAT,MS B H SHIRIN Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.11.2025 Heard Mr. R. Ali, learned counsel for the petitioner and Ms. D. Bora, learned Standing Counsel, Health and Family Welfare Department for the respondent nos. 1, 2 & 3. 2. Having regard to the limited nature of the grievance involved, this writ petition is taken up for final consideration without issuing notice to the private respondent nos. 4 – 5, for the reason, mentioned hereinafter. 3. The petitioner has stated that the petitioner’s father, Golap Chandra Sharma expired on 01.04.2024 while undergoing treatment at Apollo Hospital [International Hospital Unit] at Guwahati. The name of the mother of the petitioner and the wife of Late Golap Chandra Sharma is Anu Sharma Seth. 4. The petitioner has stated that when the petitioner applied for obtaining a Next-of-Kin Page No. 3/4 Certificate, the petitioner came to learn that a Death Certificate in respect of death of Late Golap Chandra Sharma has already been issued by the Registrar [Birth & Death], O/o the Chief Registrar of Births & Deaths, Guwahati as per the provisions of Section 12 read with Section 17 of the Registration of Births and Death Act, 1969 [‘the 1969 Act’, for short] and Rule 8 read with Rule 13 of the Assam Registration of Births and Deaths Rules, 1999 [‘the 1999 Rules’, for short]. In the said Death Certificate, issued in respect of Late Golap Chandra Sharma, the name of one Bala Chetri [the respondent no. 4] has been mentioned as the wife of Late Golap Chandra Sharma instead of the petitioner’s mother, Anu Sharma Seth. Aggrieved thereby, the petitioner has approached this Court by the instant writ petition. 5. Section 15 of the 1969 Act has provided power to the Registrar for correction of cancellation of entry in the register of death. 6. Section 15 of the 1969 Act reads as under : - 15. Correction or cancellation of entry in the register of births and deaths.— If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. 7. 7. The procedure for correction or cancellation of entry in the register of the Registrar of Births and Deaths has been laid down in Rule 11 of the 1999 Rules, providing as under :- 11. Correction or cancellation of entry in the registrar of births and deaths.- [1] If it is reported to the Registrar that a clerical or formal error has ben made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error [by correcting or cancelling the entry] as provided in Section 15 and shall send an extract of the entry showing the error and how it has been corrected to the Chief Registrar of Births and Deaths. [2] In the case referred to in sub-rule [1] if the register is not in his possession the Registrar shall Page No. 4/4 make a report to the District Registrar and obtain relevant records and after enquiring into the matter, if he is satisfied that any such error has been made, make the necessary correction with prior and express approval of the District Registrar. [3] Any such correction as mentioned in sub-rule [2] shall be countersigned by the District Registrar. [4] If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible parsons having knowledge of the facts of the case. [5] Notwithstanding anything contained in sub-rule [1], and sub-rule [4], the Registrar shall make report of any correction made therein giving necessary details to the District Registrar. [6] If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorized by the Chief Registrar by general or special order in this behalf under Section 25 and on hearing from him take necessary action in the manner [7] In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under Section 8 or Section 9. 8. As the grievance of the petitioner is with regard to correction in the name of the wife of Late Golap Chandra Sharma in the Death Certificate, this writ petition is not entertained at this stage, as the petitioner has not approached the concerned Registrar as per the above procedure, before preferring the writ petition. Liberty, however, stands reserved to the petitioner to approach the concerned Registrar, by submitting an application for correction or cancellation of the entry in the Death Certificate issued in respect of the Death Certificate of Late Golap Chandra Sharma on 17.05.2024. It is observed that in the event the petitioner submits an application with supporting documents, the Registrar shall consider and dispose of the same in accordance with law and as per the procedure laid down as expeditiously as possible, preferably within a period of 1 [one] month from the date of submission of the application. It is further observed that the Registrar shall also afford an opportunity of being heard to the respondent no. 4 while considering the application and during the enquiry. 9. This order disposes of the writ petition. JUDGE Comparing Assistant