NAFISA KHUZEMA ZAVERI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner seeking for a direction to the 2nd respondent, Regional Passport Officer, Chennai to consider her application dated 3.12.2011 for the issuance of fresh Passport with correct actual year of Date of Birth as "16.08.1964" instead of "16.08.1954".

(2.) WHEN the Writ Petition came up on 18.06.2012, this Court ordered Notice on admission. On such notice, Mr.M.Krishnan, learned Central Government Standing Counsel appears for the respondents. He also filed a counter affidavit dated 5.7.2012. It is stated by the respondents that the petitioner had earlier applied for Passport and travelled with two Passports, which are as follows:

(3.) IN this context, the learned counsel referred to the judgment of Punjab and Haryana High Court in Resham Singh vs. Union of India (UOI) and another reported in (2008) 149 PLR 621. The Division Bench of the Punjab and Haryana High Court after considering the Passport Act as well as the General Clauses Act came to the conclusion that even if an alteration which is clerical was inadvertently made, the Passport Officer can consider and make corrections on his own, whereas if entries are made on the basis of relevant documents submitted by the person concerned, subsequently any set of documents are brought in, the Standing Orders require the declaratory order to be obtained from the appropriate Civil Court. In paragraph No.19, it was observed as follows: