74-year-old women moves Gujarat HC for birth certificate

In a significant order, Gujarat High Court has quashed the refusal orders passed by the Executive Magistrate and Mamlatdar of Junagadh, directing them to consider afresh the application of a 74-year-old woman seeking her birth certificate.

Labhuben Marviya, a resident of Chowki village in Junagadh district, was born in 1951 but faced denial from local authorities despite submitting supporting evidence, including two affidavits from elders.

The woman approached the high court after the competent authorities rejected her request, prompting her to file a petition for quashing the orders and issuance of the document.

Her counsel argued that the authorities failed to exercise the jurisdiction vested in them under the law. The petitioner had produced affidavits to substantiate her claim, yet these were not considered, resulting in a miscarriage of justice.

The counsel invoked Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004, which outlines the procedure for correction or cancellation of entries in birth and death registers.

Gujarat High Court expressed strong displeasure, noting that despite multiple judgments directing authorities to exercise their statutory powers, “stereotyped orders” refusing jurisdiction continue to be passed.

“It is disheartening to note that even though the high court has, on various occasions, rendered a plethora of judgments setting aside the orders whereby the competent authority has refused to exercise the jurisdiction vested in him by the statute, the same kind of stereotyped orders are being passed time and again,” the court observed.

The court has quashed and set aside the impugned orders of the Executive Magistrate and Mamlatdar. It instructed Labhuben Marviya to file a fresh application within one week. The authorities have been directed to decide the application within four weeks, in accordance with law.