GOVINDBHAI NARAYANBHAI MIRCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) NOTICE. learned AGP waives service of notice for respondent Nos. 1 and 2. With the consent of the learned Counsel appearing for both the sides, the matter is further heard.

(2.) THE petitioner has preferred the petition for appropriate directions to the respondents to accept the application for correction of the birth date, and it is also prayed to issue fresh birth certificate having corrected birth date.

(3.) UPON hearing Mr. Hiren Modi learned Counsel for the petitioner and Ms. Hansa Punani learned AGP, it appears that it is an admitted position that up till now the petitioner has not made any application, but only oral statement is made that the petitioner wanted to make application to respondent No. 2 and as per the petitioner, the respondent No. 2 declined to accept the application. It is also an admitted facts that up till now, no decision is rendered in either way, of accepting of application or of rejecting application. Under these circumstances, the mandamus cannot be issued to the authority to correct birth date and to issue the fresh certificate.