JAYAKUMAR Vs. THE REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The above writ petitions were heard together, since it dealt with the common question of correction of date of birth in Passports, as per Circular No.VI/401/2/5/2001 dated 18.04.2001 as amended on 29.10.2007 and 15.01.2008.

(2.) The petitioners in these cases are unable to speak of the actual date of issuance of the Passport. The respondent-Passport Issuing Authority [for brevity "PIA"] also does not have any records relating to the time of issuance of the Passport, since all the Passports have been issued twenty years back. Admittedly the Passports were renewed more than once. All the petitioners require change in the date of birth as originally entered in the Passport. They now assert a different date of birth as against that disclosed in the Passport on the basis of their Secondary School Leaving Certificate [for brevity "SSLC"], Transfer Registers issued by the School, Aadhar Card, Election Identity Card and so on and so forth; either one or more of them.

(3.) The learned Assistant Solicitor General of India seeks to distinguish each of the decisions, to contend that the correction cannot be granted for the asking and it can only be in accordance with the Circular. In cases where the correction is within 2 years, the Circular also requires that a Court order should be obtained. However, the said "Court order" indicates a declaration from the Civil Court and not the invocation of Article 226 of the Constitution, is the argument.