Guj HC | Authority confirming the date of birth even after noticing a discrepancy gets caught, Court issues appropriate directions

Gujarat High Court: A Bench of A.Y. Kogje, J., allowed a petition and gave further directions to the respondent.

In the pertinent case the petitioner through learned counsel Mr Yusufkhan Pathan, submitted that the ancestors of the petitioner were resident of Diu from the time of Portuguese Government and hence, as per the requirement of the External Affairs Ministry, the petitioner was required to produced verification of the local authority regarding his birth certificate. And that the birth certificate so provided had accurately mentioned entries which had no discrepancy in it which was even verified after carrying out the due procedure by the Authorities concerned. Also, there is no reason to doubt the veracity of the contents of the birth certificate because of the same. Learned Counsel for the respondent, Mr Roshan Shah (AGP) submitted that the respondent-Authority found overwriting against the date of birth in the register maintained. 

The Court after considering due submissions opined that, “In so far as the argument of the learned AGP about the discrepancy in the entry in the Register, the same is the subject matter of the grievance as the Authority itself after noticing such discrepancy has confirmed the date of birth of the petitioner to be 29-07-1972”. Therefore, it becomes obligatory upon the respondent to carry out and issue verification certificate in accordance with the law.

The Court further gave directions to issue verification certificate within four weeks from the date of receipt of the order.[Shivdatt Champaklal v. District Magistrate, 2019 SCC OnLine Guj 578, Order dated 29-03-2019]

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