High Court of Delhi was dealing with the petition seeks a direction to the respondent to cancel the birth certificate of the petitioner issued on 24.09.2013.
Brief Facts:
The petitioner was born in his house in the village. At the time when the birth certificate dated 24.09.2013 was got issued erroneously the date of birth of the petitioner was mentioned as 01.11.2002 instead of 01.11.2001. The petitioner today possesses two birth certificates one dated 24.09.2013 where the date of birth has been erroneously shown as 01.11.2002 and the other birth certificate dated 30.10.2015 where the correct date of birth of 01.11.2001 has been mentioned.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that in the entire educational record of the petitioner the correct date of birth i.e., 01.11.2001 has been mentioned, however, in the passport that was obtained by the petitioner the date of birth had been mentioned as 01.11.2002. It was submitted that when petitioner applied for change of the date in his passport the issuing authority has cancelled the passport. It was also submitted that that father of the petitioner is an illiterate person and was not aware of the error committed by him.
Respondent’s Contention:
Learned Counsel for the respondent submitted that there is no rule providing for cancellation of a birth certificate. He further submitted that both the certificates one dated 24.09.2013 and other dated 30.10.2015 were issued based on the reports of the District Magistrate certifying the date of birth which was in turn based on the information provided by the father of the petitioner.
HC’s Observations:
After hearing both the sides Court stated that the petitioner is holding two birth certificates with two different dates of birth. One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth.
HC stated that continuance of two birth certificates containing two different dates of birth would imply that one individual can pose as two different individuals; which error cannot be permitted to perpetuate. Accordingly, it is also in public interest that one of the birth certificates be cancelled.
HC Held:
After evaluating submissions made by both the parties the Court held that “the categorical stand of the petitioner is that the birth certificate dated 24.09.2013 contains an incorrect date of birth i.e. 01.11.2002 and the later birth certificate dated 30.10.2015 contains the correct date of birth i.e. 01.11.2001 which is also borne out from the educational record of the petitioner i.e. certificate issued by the CBSE of the secondary school examination and the certificate issued by the CBSE of the All India Senior School certificate examination as also the University documents. In view of the above, this petition is disposed of with a direction to the respondent to revoke/cancel the birth certificate dated 24.09.2013 issued in the name of ‘Vipin Sehrawat’ with the date of birth ‘01.11.2002’.”
HC allowed the present petition.
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Vipin Sehrawat v. Deputy Commissioner SDMC
Case Details: W.P.(C) 1352/2022
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