Pankaj Tyagi v. Sub-Registrar/Registrar Of Birth And Death, South Zone, Municipal Corporation Of Delhi
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1875/2024 PANKAJ TYAGI ..... Petitioner Through:
Petitioner in person.
versus SUB-REGISTRAR/REGISTRAR OF BIRTH AND DEATH, SOUTH ZONE, MUNICIPAL CORPORATION OF DELHI ..... Respondent Through:
Mr. Karan Kapur, ASC and Mr.
Bhaskar Naidu, Advs. for MCD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 25.04.2024
O R D E R
1.
The present petition has been filed by the petitioner seeking a direction to the Sub-Registrar/Registrar, Birth & Death (South Zone) MCD for issuing a birth certificate to the son of the petitioner without "Alias" i.e. in the name of Ranveer Singh and not in the name of "Arjun Tyagi alias Ranveer Singh".
2.
It is contended on behalf of the petitioner that the son of the petitioner was born on 19.11.2012. The birth certificate of the son of the petitioner was issued on 11.02.2013, reflecting his name i.e. Arjun Tyagi. On 24.03.2018 the name of the child was changed to Ranveer Singh in place of Arjun Tyagi and the same was published in the Gazette of India. On 27.12.2023, the petitioner is stated to have filed an application along with all the requisite documents in the office of the respondent for change of name in the birth certificate, in terms of the Circular dated 30.06.2015, issued by the Registrar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
General of the Ministry of Home Affairs, Govt. of India. 3.
The above application of the petitioner was rejected vide order dated 27.12.2023 with the observation "child's name not change apply in alias by choosing option nickname".
4.
It is submitted on behalf of the petitioner that in the application dated 27.12.2023, filed by the petitioner online on the MCD portal, it was specifically remarked as under:
"ALIAS IS NOT ACCEPTABLE TO THE APPLICANT WITH THE NAME AS PER POINT No. 2 OF THE CIRCULAR DATED 30-6-2015 ISSUED BY THE REGISTRAR GENERAL OF INDIA, MINISTRY OF HOME AFFAIRS."
5.
The petitioner draws attention to the said Circular dated 30.06.2015 vide which, the concerned Registrars of Births & Deaths have been instructed as under:
"2: Taken into consideration the request received from various quarters through Court Orders or individual applications, it is observed that errors- in name in birth record occurs due to negligent recording by hospital authorities or by the informant in birth reporting forms. Applications for correction in. name are filed by the individuals when the birth certificates are to be produced for school admission, issue of passport etc. Considering the requirements of birth certificate with correct na.mes, it has been decided that the request of change in name may be considered by the Registrar, if he/ she is satisfied with the authenticity of the documents submitted by the applicant, the Registrar is authorized to consider the request of change in name.
As far as possible, the concern Registrar may use the term 'alias' in respect of change in name and prefer to write both names in the birth certificate after making necessary entry in the remarks column of birth register. In case 'alias' is not acceptable to the applicant, then necessary changes in the name may be done upon the satisfaction of the registrar on the authenticity of the documents furnished by the applicant. After making changes, necessary entry should be made in the remarks column of the birth register and mention the date of correction and both names in the remarks column of birth register."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
It is submitted that the term "alias" is not acceptable to the petitioner and his son for the purpose of recordal of the name change, and the same was duly indicated in the application submitted by the petitioner and the requisite documents were also submitted by the petitioner. 7.
After some hearing, the petitioner is directed to make a fresh application to the Sub-Registrar/Registrar, Birth & Death (South Zone), MCD seeking issuance of a birth certificate for the son of the petitioner without alias. The said application shall be submitted by the petitioner through physical mode. Further, the concerned Sub-Registrar/Registrar shall process the application and also grant an opportunity of hearing to the petitioner, who shall produce all the relevant documents at the time of said hearing, whereupon appropriate order/s shall be passed disposing of the petitioner's application.
8.
Needless to say, an endeavour shall be made by the concerned SubRegistrar/Registrar, Birth & Death (South Zone), MCD to expeditiously issue the requisite birth certificate, as sought by the petitioner, after complying with the procedural requirements.
9.
With the aforesaid directions, the present petition stands disposed of. SACHIN DATTA, J APRIL 25, 2024/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.