UNION OF INDIA Vs. SUNIL KUMAR

JUDGEMENT

(1.) These appeals are filed against the common judgment dated 16.10.2014 in W.P. (C). Nos. 21181/2014 and 17344/2014. By virtue of the impugned judgment, the learned Single judge while allowing the Writ Petitions directed the Passport Issuing Authority (for short 'PIA') to consider the application for correction of date of birth in the passport of the petitioners after declaring that Clause (c) of circular dated 29.10.2007 restricting the power of the PIA to correct the difference in date of birth beyond two years as void and inoperative. The respondents, being aggrieved by the aforesaid judgment, have approached this Court in these appeals. In fact, the learned Single Judge has decided the above cases along with a batch of other Writ Petitions. Since the impugned directions have been issued in the above Writ Petitions alone, only two appeals are filed. The facts involved in W.P.C. No. 21181/2014 are as under:

(2.) Statement is filed on behalf of the 5th respondent Assistant Solicitor General of India (ASGI) stating that as per Paragraph 5.2(3) of Chapter 8 in the Passport Manual, in instances where the previous files have already been destroyed, the PIA could exercise his discretion to correct the date of birth without a Court order, if the difference in the date of birth to be corrected is not more than two years and on the applicant providing satisfactory explanation that the same documents were provided at the time of submitting the passport application.

(3.) In W.P.(C) No. 17322/2014, the facts disclosed are as under: