(1.) RULE. Mr. Parghi, learned counsel waives notice of Rule. With the consent of learned advocates appearing for both the sides, the matter is finally heard.
(2.) UPON hearing the learned advocates appearing for both the sides, it appears that the issue arising for consideration in the present petition is same as was considered by this Court in Special Civil Application No. 10007 of 2008. In the said decision dated 12. 08. 2008, this Court at paras 9 (A) to 9 (D) observed as under:
(3.) IN view of the said principle, if the facts of the present case are considered, earlier the passport was issued based on the School Leaving Certificate, showing the date of birth as 14. 12. 1960, whereas the entry in the Birth Certificate, copy whereof is produced at page 10 Annexure-A, shows the Date of Birth as 26. 12. 1960. As per the view taken by this Court, referred to hereinabove, the weightage is to be given to the entry under the Registration of Birth and Death Act and therefore, the correct birth date of the petitioner would be 26. 12. 1960.