SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE batch of writ petitions are filed aggrieved by the refusal on the part of the Passport Issuing Authorities to correct the date of birth in the Passport on account of the circular dated 29.10.2007, issued by the Ministry of External Affairs, wherein the power given to the Passport Issuing Authorities to correct date of birth in the Passport in genuine cases, is only if the difference is in months (not more than two years). In W.P.(C) No.17322, which is the lead case of this batch, the circular is challenged to the above extent alleging that it is in violation of Article 14 of the Constitution of India.

(2.) THIS Court in Swapna Siju v. Union of India [2012 (4) KLT 419] held that for applicants who have born before 26.1.1989, it is not necessary to produce an extract from the Register of Births, generally called the 'birth certificate'. The judgment of the Hon'ble Supreme Court in Nazar v. Union of India [2013 KHC 3665], wherein it is held that, it is always open for the Passport Issuing Authorities to ascertain the correctness/genuineness of the certificate relied by the applicants for satisfying the genuineness put forward by them for correction of the date of birth in the Passport. In Abida v. Government of India [2011 (1) KLT 34], the Hon'ble Supreme Court held that Passport Act, 1967 do not specify the nature of documents to be produced in proof of the date of birth of an applicant. It is upon the authority to decide the nature of the document required for correcting the date of birth in the passport.

(3.) THE above judgments would clearly indicate that genuineness of the claim is important in making correction of date of birth in the Passport. The question therefore, arises is whether the Passport Issuing Authorities have the power to correct the date of birth, if the difference is more than two years. The relevant clause in the circular issued by the Ministry of External Affairs is reproduced here under: