Minor Ayesha Mohamed Javed Shaikh vs Surat Municipal Corporation

Hemant M. Prachchhak, J

RULE returnable forthwith. Mr.Kaushal Pandya, learned counsel waives services of notice of rule on behalf of the respondent.

With the consent of learned counsel appearing for the respective parties, the present petition is taken up for final hearing.

Present petition is filed by the petitioner under Articles 14, 19, 21 and 226 of the Constitution of India and under the provisions of the Births and Deaths Registrations Act, 1969 with the following reliefs:-

"13(A) THIS HON'BLE COURT MAY BE PLEASED TO hold the impugned actions of the Respondent -Birth-Death-Marriage Department, Surat Municipal Corporation, of not considering the Application dated 03/02/2026 for correction of the name of the Petitioner in the Register of Births and Birth Certificate as illegal, unconstitutional and contrary to the provisions of Registration of Births and Deaths Act, 1969.

(B) THIS HON'BLE COURT MAY BE PLEASED TO direct the Respondent Birth-Death-Marriage Department, Surat Municipal Corporation to immediately and forthwith correct the name of the petitioner to "Ayesha Mohamed Javed Shaikh" in the Register of Births and Birth Certificate.

(C) In the alternative. THIS HON'BLE COURT MAY BE PLEASED TO direct the Respondent-Birth-Death-Marriage Department. Surat Municipal Corporation to immediately and forthwith consider and allow the application dated 03/02/2026 preferred by the Petitioner for correction of the name of the Petitioner in the Register of Births and Birth Certificate.

(D) THIS HON'BLE COURT MAY BE PLEASED TO grant such other and further relief to the petitioner as me deem just and proper in the facts and circumstances of the case."

Short facts of the present petition are that the Petitioner was born on 23/04/2012 at Golden Gift Hospital, Surat, to Hafsah and Mohamed Javed Sheikh. Though the Petitioner's correct name is "Ayesha Mohamed Javed Shaikh," due to an inadvertent error, her name was wrongly recorded as "Hibah Mohamed Javed Shaikh" in the Birth Register and Birth Certificate. The said error remained unnoticed for several years.

4.1 After the death of the Petitioner's mother in 2015 and the incarceration of her father, the Petitioner has been under the care and custody of her guardian, Mr. Abdul Vadood Ahmedmia Jarullah. The Petitioner is presently studying in Standard 8, and her name is correctly recorded as "Ayesha Mohamed Javed Shaikh" in all school records and Aadhaar Card.

4.2 The discrepancy came to light only when the Petitioner applied for APAAR ID and was required to produce the Birth Certificate. Thereafter, on 03/02/2026, the Petitioner applied before the Respondent Registrar for correction of her name in the Birth Register and Birth Certificate along with supporting documents. However, the Respondent refused to consider the application stating that he had no authority to make such correction.

4.3 The Petitioner submits that under Section 15 of the Registration of Births and Deaths Act, 1969, the Registrar has the authority to correct erroneous entries upon production of satisfactory evidence. Since the Petitioner is changing school for Standard 9 and will require correct records for future educational purposes, urgent directions are necessary for correction of the Petitioner's name in the Birth Register and Birth Certificate.

Being aggrieved and dissatisfied with the in action on the part of the respondent - authority, the present petition is filed.

Having heard learned counsel appearing for both the sides and considered the averments made in the petition, it appears that petitioner's correct name is "Ayesha Mohamed Javed Shaikh," due to an inadvertent error, her name was wrongly recorded as "Hibah Mohamed Javed Shaikh" in the Birth Register and Birth Certificate. It further appears that the Petitioner is presently studying in Standard 8, and her name is correctly recorded as "Ayesha Mohamed Javed Shaikh" in all school records and Aadhaar Card and the said discrepancy came into light only when the Petitioner applied for APAAR ID. Thereafter, on 03/02/2026, the Petitioner applied before the Respondent Registrar for correction of her name in the Birth Register and Birth Certificate along with supporting documents.

In view of the aforesaid facts and circumstances of the case, since the application dated 3.2.2026 has already been made by the petitioner and pending before the respondent -authority i.e. Surat Municipal Corporation, the said authority shall verify the documentary evidence supplied by the petitioner and after satisfying, fresh certificate be issued in favour of the petitioner within a period of six weeks from the date of receipt of copy of present order.

With the aforesaid direction, the present petition is disposed of accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.