ARPANABEN KRUNAL SHAH Vs. REGIONAL PASSPORT OFFICE

JUDGEMENT

(1.) RULE. Mr. Parghi learned Standing counsel waives service of notice of rule for the respondent. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard.

(2.) THE short fact of the case appears to be that the petitioner had earlier applied for passport, which has been issued vide No. E8180475. In the said passport the birth date recorded is 1. 8. 1968. The aforesaid is an admitted position. It is a case of the petitioner that earlier application for passport was made based on the hutii dale recorded in the School Leaving Certificate issued by Maharshi Rang-Avdhoot vidhyavihar, Higher Secondary, Paldi, ahmedabad, copy whereof is produced at annexure B. In the said School Leaving certificate the birth date of the petitioner is shown as of 1. 8. 1968. It appears that thereafter, the entry is recorded in the birth and death register, maintained by Navsari, nagar Palika. as per the provisions of Birth and Death Registration Act 1969 (hereinafter referred to as the 'act') and as per the record under the said Act, the birth date recorded of the petitioner is 1. 12. 1968, copy of the birth certificate issued by the authority under the Act is produced at annexure-D. The petitioner applied to the passport authority for correction of the birth date from 1. 8. 1968 to 1. 12. 1968, however, such correction was not made. Therefore, the petitioner preferred Special Civil application No. 23893 of 2007, before this court and this Court vide order dated 17. 7. 2008 directed the passport authority to consider the material and to take decision. It appears that thereafter, vide order dated 23. 7. 2008 the passport authority by quoting order of the Division Bench of this Court in letters Patent Appeal No. 1673 of 2006 observed that passport office cannot declare date of birth and it is only the competent court. It was also mentioned in the said letter that the instruction issued by Ministry of External Affairs, which inter alia provides that if the documents are conflicting, applicant should obtain order of civil Court of a competent jurisdiction, certifying the valid date of birth/place of birth. Therefore, passport authority communicated to the petitioner to produce correct School Leaving Certificate showing the date of birth, or the order from the competent Civil Court of the jurisdiction certifying valid date of birth. It is under these circumstances, the petitioner has approached to this Court by the present petition.

(3.) HEARD Mr. Rawal learned Counsel for the petitioner and Mr. Parghi learned standing Counsel for the respondent.