RAMESHBHAI GORDHANBHAI PATEL Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) Rule. Mr. D.N. Patel, learned Standing Counsel appearing for the Government of India waives service of Rule on behalf of the respondent. Heard Ms. Amin, learned advocate for the petitioner and Mr. Patel, learned standing counsel for the respondent. During the hearing, Ms. Amin, for the petitioner has taken me through the petition and documents attached thereto. It is her contention that the passport authority had issued a passport in favour of the petitioner considering his application dated 10th May, 2001 showing the birth date of the petitioner as 23rd June, 1949. The xerox copy of the passport is annexed to the petition as Annexure C. It is the case of the petitioner that at the time of submitting the application for passport while submitting the documents, the petitioner had relied upon the school leaving certificate issued by School authority namely, Principal, New English School, Nadiad dated 2nd June, 1967 showing the date of birth of the petitioner as 23rd June, 1949. It is the case of the petitioner that the petitioner has got admission in the school on the strength of discloser of the birth date as 23rd June, 1949 and after clearing the SSC. Examination, the school authority has issued certificate on 2nd June, 1967. It is the case of the petitioner that the actual birth date of the petitioner is 2nd July, 1949, for which, the petitioner has relied upon the certificate issued by the Nagar Palika, Nadiad. The birth date of the petitioner in the said certificate shows the birth date of the petitioner as 2nd July, 1949 and the same was registered in the register maintained by the Nagar Palika on the very same day and said certificate was obtained by the petitioner on 2nd February, 2002. Accordingly, for correcting the date of birth in the passport as per the municipal certificate, the petitioner has approached the respondent authority for correcting the date of birth of the petitioner in the passport. It is also submitted that as per Rules, the respondent Authority will not correct the birth date as requested by the petitioner unless and until, necessary orders are obtained from the Hon'ble Court and accordingly, this petition is filed for seeking necessary direction.

(2.) Mr. Patel, learned Standing Counsel for the respondent has submitted that in the passport application submitted by the petitioner, the petitioner has furnished school leaving certificate showing his birth date as 23rd June, 1949 and accordingly, while issuing passport, the authority has rightly inserted the birth date of the petitioner as 23rd June, 1949 and there is no power to the authority to change the birth date of the petitioner.

(3.) In the aforesaid facts and circumstances and as highlighted in the petition that the actual birth date as found front the birth certificate issued by Nagar Palika, Nadiad shows that the birth date of the petitioner is 2nd July, 1949 as per the birth certificate dated 2.2.2002, it will be in the fitness of the thing, the authority is required to consider for effecting the change of birth date in the pass port of the petitioner. Accordingly, the respondent authority is directed to consider the request made by the petitioner for change of birth date in the pass port of the petitioner issued by the authority and if, it is fit genuine, the authority is directed to effect the change as requested by the petitioner and necessary steps be taken for correcting the birth date of the petitioner in the pass port.