Facts
The Petitioner, born on April 23, 2012, sought to correct her name in the Birth Register from "Hibah Mohamed Javed Shaikh" to her correct name, "Ayesha Mohamed Javed Shaikh"
Source reference: p. 2-3Following the death of her mother in 2015 and the incarceration of her father, the Petitioner has been under the care of a guardian; her school records and Aadhaar card correctly reflect the name "Ayesha"
Source reference: p. 3The discrepancy was discovered during an application for an APAAR ID
Source reference: p. 3On February 3, 2026, the Petitioner applied to the Respondent Registrar (Surat Municipal Corporation) for correction, but the Respondent refused, claiming a lack of authority to make such changes
Source reference: p. 3Consequently, the Petitioner approached the High Court under Article 226 of the Constitution
Source reference: p. 1-2Issues
1. Whether the Respondent authority improperly failed to exercise its statutory power to correct an entry in the Birth Register under the Registration of Births and Deaths Act, 1969
Source reference: p. 32. Whether the Petitioner is entitled to a direction for the correction of her name based on supporting documentary evidence
Source reference: p. 4Law Applied
Section 15 of the Registration of Births and Deaths Act, 1969, which empowers the Registrar to correct erroneous entries in the register if it is proved to their satisfaction that an entry is erroneous in form or substance
Source reference: p. 3Article 226 of the Constitution of India regarding the court's extraordinary jurisdiction to ensure the protection of the Petitioner's rights to accurate identification for educational purposes
Source reference: p. 1, 3Reasoning
The court noted that the Petitioner’s correct name, "Ayesha Mohamed Javed Shaikh," is already utilized and verified in significant official documents, including her school records and Aadhaar Card
Source reference: p. 3, 4The court found that the Respondent’s refusal to consider the application on the grounds of "no authority" was inconsistent with the statutory mandate of Section 15 of the Act, which specifically provides the Registrar with the power to correct errors upon the production of satisfactory evidence
Source reference: p. 3Given the Petitioner’s urgent need for correct records to transition to Standard 9, the court determined that the Respondent must verify the provided documents rather than summarily rejecting the application
Source reference: p. 3, 4Holding
The High Court allowed the petition and directed the Surat Municipal Corporation to verify the documentary evidence supplied by the Petitioner
The court ordered that, upon satisfaction of the evidence, a fresh birth certificate correctly naming the Petitioner as "Ayesha Mohamed Javed Shaikh" must be issued within six weeks
Source reference: para. 7Rule made absolute
Source reference: para. 8Original Court PDF
MINOR AYESHA MOHAMED JAVED SHAIKHvsSURAT MUNICIPAL CORPORATION
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