Gujarat high court rejects plea to change birthdate, says affidavits can’t override records

Ahmedabad: Official records don't bend to personal claims. The Gujarat high court has ruled that once a birthdate is registered based on hospital data, later affidavits cannot change it. The case involved a Kalol resident who sought to alter his birth certificate, claiming an error in the information furnished by the hospital to the registrar of births & deaths. Despite documents supporting his claim, the court dismissed his plea, stating that official records hold more weight than subsequent personal documents.
The petitioner, Abdul Rajak Ajmeri, obtained his birth certificate from the Kalol municipality in 2021 and was surprised to find his birthdate listed as July 27, 1980. Insisting that his actual birthdate was July 7, 1980, Ajmeri approached the registrar of births & deaths with documents, including his school leaving certificate, Aadhaar card, PAN card and passport, all of which reflected the July 7 date. However, the registrar refused to make any changes.
Ajmeri then moved the HC, which initially directed the registrar to reconsider his request. In his fresh appeal, Ajmeri cited Rule 11(4) of the Gujarat Registration of Birth and Death Rules, 2004, arguing that birthdate amendments could be made if supported by official documents and affidavits from two credible witnesses. He submitted sworn statements from his paternal aunt and cousin, affirming that he was born on July 7, not July 27.
Despite these submissions, the registrar once again rejected his application in Dec 2024. The official referred to the Birth Register of 1980, which contained an entry made on July 28, 1980 — just a day after Ajmeri's birth — confirming that his birthdate had been recorded based on a hospital's communication. The registrar maintained that such official records take precedence over later claims, even those backed by affidavits.
Ajmeri then filed another petition in the HC, arguing that the hospital had made an error in reporting his birthdate and that the institution had since shut down, making it impossible to verify the original mistake. However, the court remained unconvinced.
After hearing the case, Justice Aniruddha Mayee stated that the documents were obtained subsequent to the school leaving certificate, and Ajmeri failed to produce any document to demonstrate how his birthdate was recorded in the school leaving certificate. "The affidavits filed by the petitioner under Rule 11(4) of Rules of 2004 of two credible witnesses cannot override the documents on the basis of which the date of birth of the petitioner has been recorded in the Birth Register, which has been recorded a day after the date of birth of the petitioner," the court said.