ABHINAV SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through hybrid mode (physical and virtual hearing).

(2.) Despite the judgment of this Court in Sunita Sawhney v. Union of India [WP(C) 10839/2015, decided on 3rd December, 2015], wherein this Court has clearly observed that for change of date of birth, the passport office ought to accept the birth certificate, the filing of writ petitions seeking the change of date of birth does not seem to abate.

(3.) In the present case, the Petitioner had his old passport bearing No. F2934532 issued to him on 17th March, 2005, with validity period up to 16th March, 2010, when he was a minor. In the said passport, his date of birth was recorded as 18th August, 1997. In March/April, 2019, the Petitioner applied for issuance of a new passport wherein he gave his date of birth as 18th February, 1998. In the said application he is stated to have not disclosed his previous passport. Since the date of birth was different in the new application, he was, asked to provide his birth certificate with the said date of birth. The Petitioner provided his birth certificate, as issued by the Nagar Palika Parishad, Muzzaffarnagar, which reflected the names of his parents and his date of birth as 18th February, 1998. At that stage, the Regional Passport Office (hereinafter, 'RPO') sought to verify the said birth certificate from the Nagar Palika Parishad, Muzzaffarnagar and received two letters. The first letter was of November, 2019, by which the Nagar Palika Parishad, Muzzaffarnagar verified the name of the Petitioner, his parentage as also his date of birth. The cancellation of the earlier birth certificate was confirmed on 24th December, 2019. Both letters are set out herein-below: