WRIT PETITION 8 of 0852 on 17 June 1978

O R D E R

The learned counsel for the petitioner is absent.However, the petition is considered on merits and is disposedof.

2. The petitioner is said to have born on 22/06/1978

at the Government Hospital, Mahalingapur. The Medical Officer, Primary Health Officer, Mahalingapur had issued acertificate in this regard. But entry in birth certificate of thepetitioner issued by the Purasabha Mahalingapur, is shown as17/06/1978. Therefore, there is an error committed by thePurasabha Mahalingapur and in all the school records andservice records the petitioner’s date of birth is shown as*22/06/1978. It is after verification of the documents, forpassport and visa it transpires that the competent authoritieswho are to issue the pass port have pointed out the discrepancywith regard to the date of birth in the birth certificate and in theschool records.. Therefore, the father of the petitioner is said tohave made an application before the Purasabha Mahalingpur tomake corrections in the birth certificate. The Chief Officer hasissued a letter with an endorsement to the father of thepetitioner that there is no provision to make corrections in thebirth certificate and hence, the petitioner through his father hasa filed a Criminal Miscellaneous Petition before the Court ofMagistrate at Mudhol for corrections of the date of birth. The* corrected vide court order dated 27/04/2015 Sd/-I/C PS TO HON’BLE ABJ

Court has rejected the prayer of the petitioner on the groundthat under Section 15 of the Registration of Birth and DeathAct, 1969, the Registrar of Birth and Death has the power torectify the date of birth. It is pursuant to which the petitioner issaid to have filed another application before the Chief Officer,Registrar of Birth and Death Purasabha Mahalingapur as perthe directions of the Court and the Chief Officer, in turn hasstated that he has forwarded the application to the DistrictStatistical Department Bagalkot for further directions. The saidDepartment has directed the Chief Officer, PursabhaMahalingapur, to carry out corrections after making enquiry. Itnow transpires that the Chief Officer, Pursabha Mahalingapur,in turn, has directed the Primary Health Centre Mahalingapurto send the records but the Medical Officers of the PrimaryHealth Centre, Mahalingapur, orally intimated that the birthregister is not available in the Hospital records. Therefore, theproposal of correction of date of birth of the petitioner is notpossible.

3. Notwithstanding the above circumstance, thepetitioner having made an application before the Chief Officer,Pursabha Mahalingapur is misplaced, as in terms of theRegistration of the Birth and Death Act, 1969, the power tomake correction in the register of birth and deaths is only withthe Registrar and not with the Chief Officer, PurasabhaMahalingapur. Therefore, the petitioner would be well advisedto make a further application before the Registrar of birth anddeath seeking any such correction in the records. Theprocedure adopted by the petitioner does not seem to be inaccordance with law and the direction issued by the Court ofPrincipal JMFC, Mudhol, The petition is accordingly disposed of.

Sd/-JUDGE