PUSHPENDRA SINGH DIWANIYAN Vs. UOI

JUDGEMENT

(1.) PETITIONER wants to change his date of birth as recorded in his passport from 15th August, 1950 to 15th August, 1953. This is peculiar as the petitioner had thought and had asked for change of his date of birth, allegedly on the basis of school certificate of Vth Class, after he has already retired from service. It is not possible to decipher what advantage the petitioner may gain by changing his date of birth. However, I need not go into the said aspect in detail, as the only question involved in the present writ petition is whether the respondents can consider and examine the request of the petitioner for change of date of birth as recorded in his passport.

(2.) THE respondents in the counter affidavit have relied upon Circulars dated 18th April, 2001 and 29th October, 2007. Relevant portions of the said Circulars read as under:-

(3.) A similar controversy has arisen before the Bombay High Court in the case of Jigar Harish Shah versus Union of India AIR 2001 Bom. 60. Bombay High Court dissented from the view taken by the Kerala High Court and held that in view of Section 21 of the General Clauses Act, the Passport authorities have requisite jurisdiction and authority to make necessary corrections in case a wrong entry has been made. Accordingly, it was observed as under:-