ABDUL SUKKOOR SALAHUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) During 1979, the petitioner obtained a passport with his date of birth as 12.10.1957. Later, during 1989, the petitioner applied for re-issue of the passport and got another passport with the very same date of birth. Again, during 1999, the petitioner applied for re-issue of the passport and got yet another passport with the very same date of birth. Again, during 2012, the petitioner applied for re-issue of the passport and obtained the passport which he is holding at present with the same date of birth. The case of the petitioner is that he was born on 12.10.1968 and the date of birth entered in his passport is incorrect. It is also the case of the petitioner that he has obtained a declaration to that effect from a court of competent jurisdiction. It is alleged by the petitioner that though he has approached the Passport Issuing Authority with a request for correction of the relevant entry in his passport as regards date of birth based on the declaration obtained by him from the civil court, the same is not being entertained. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

(2.) A statement has been filed on behalf of the respondents by the Assistant Solicitor General of India. It is contended by the respondents in the statement that the petitioner has not approached the Passport Issuing Authority till date for correction of date of birth in his passport. It is also contended by the respondents in the statement that correction of entries in passport is presently dealt with in accordance with Office Memorandums dated 26.11.2015 and 209.2016 issued by the Ministry of External Affairs and that in terms of the said Office Memorandums, application for correction of date of birth in the passport is entertained at present, only on the basis of birth certificate, that too, when it is established that the date of birth was originally entered in the passport based on documents other than birth certificate. It is further contended by the respondents in the statement that the date of birth of a person as entered in the passport can be corrected only in genuine cases and the case of the petitioner cannot be considered as a genuine one as the petitioner was making use of the passport with the alleged wrong date of birth for almost 40 years. As regards the declaration of the date of birth obtained by the petitioner from the civil court, it is contended by the respondents in the statement that there is no provision at present, for correction of the entry relating to date of birth in the passport based on declaration made by a civil court.

(3.) Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General of India.