One individual can not have two birth certificates as it is one of the identity of a person: High Court of Delhi

One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth and the same was upheld by high Court Of  Delhi through the learned HON’BLE MR. JUSTICE SANJEEV SACHDEVA in the case of VIPIN SEHRAWAT vs DEPUTY COMMISSIONER SDMC (W.P.(C) 1352/2022) on 22.02.2022

Facts of the case are that the petitioner was born in his house in the village. The counsel  submits that at the time when the birth certificate dated 24.09.2013 was got issued erroneously  the date of birth of the petitioner was mentioned as 01.11.2002 instead of 01.11.2001. He submits that petitioner today possesses two birth certificates one dated 24.09.2013 where the date of birth has been erroneously shown as 01.11.2002 and the other birth certificate dated 30.10.2015 where the correct date of birth of 01.11.2001 has been mentioned.

In the entire educational record of the petitioner the correct date of birth i.e. 01.11.2001 has been mentioned, but in the passport that was obtained by the petitioner the date of birth has been mentioned as 01.11.2002. Counsel for respondent states that both the birth certificates were issued based on the reports of the District Magistrate certifying the date of birth which was in turn based on the information provided by the father of the petitioner. To which petitioner submits that father of the petitioner is an illiterate person and was not aware of the error committed by him.

In the view of facts and circumstances the Court held that continuance of two birth certificates containing  two different dates of birth would imply that one individual can pose as two different individuals; which error cannot be permitted to perpetuate. Accordingly, it is also in public interest that one of the birth certificates be cancelled. Further, interest of justice also demands that one of the two certificates be cancelled. In view of the above, this petition is disposed of with a direction to the respondent to revoke the birth certificate dated 24.09.2013 issued in the name of ‘Vipin Sehrawat’ as it is also borne out from the educational record of the petitioner i.e. certificate issued by the CBSE.

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Judgment reviewed by- Amit Singh

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