JOSNA RAPHAEL POOVATHINGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a direction to the second respondent to consider Ext.P16 application preferred for re-issue of her passport with the date of birth corrected based on the Ext.P1 Birth Certificate. The petitioner's request was not considered, as the respondents insisted on correcting the date of birth in the service records before considering the application.

(2.) The learned Senior Counsel appearing for the petitioner submits that the petitioner cannot now seek a correction of the service records as the period stipulated for the same has long expired, and therefore, correcting the service record is impossible. The learned Senior Counsel also points out that, as per Ext.P15 Rules [The Passports (Amendment) Rules, 2025], all that is required for correction is an affidavit stating the reason for change in the date of birth, and therefore, the guidelines/manual that run counter to the statutory provisions cannot stand the scrutiny of law.

(3.) The learned counsel for the respondents brought to my notice a judgment of this Court in W.P.(C) No. 894/2025, dtd. 21/2/2025, in an identical situation wherein this Court directed the 2nd respondent to consider the application filed by the petitioner therein for correction of date of birth in the passport without insisting on the service records being corrected before the application for change of date of birth can be considered.