MOHAMMED DILAWAR SHARIFF Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner cannot approach this Court straight away for a direction to the Passport authorities to correct the date of birth. It is for the authorities concerned to consider the correction of the date of birth on a proper application made to the authorities concerned under the relevant rules and on the basis of the material furnished supporting the claim of the petitioner. The petitioner does not dispute that the original date of birth entered in the passport i. e, 165-1961, was on the basis of his own statement as regards his date of birth. It is not as if the said passport was issued long long back. It was issued on 19-4-1994 only. The petitioner states that subsequently he made an application to the Municipal authorities and obtained the certificate of birth, dated 1-7-1994, according to which his date of birth is 15-5-1959. No explanation is given as to why he did not do that earlier to the making of the application for the passport.

(2.) THE learned Counsel for the petitioner has referred me to the Passport Rules, 1980. These rules are made under Section 24 of the Passports Act, 1967by the Central Government. Rule 5 provides for Form of application and it requires that an application for issue of a passport or travel document or for the renewal or for any miscellaneous service shall be made in the appropriate form set out therefor in Part I of Schedule III to the Rules and in accordance with the procedure and instructions set out in such form. Part I of Schedule III contains "passport information booklet" and under the heading 'documents' the list of various birth documents to be produced is given. The instructions under the heading 'birth documents' are as follows: "1. Applicants born on or after 26th January, 1989, should produce an attested copy of the birth certificate, from Municipal authorities if born within territorial jurisdiction of a Municipal authority or otherwise from the office of the Registrar of Births and Deaths. 2. Applicants born before 26th January, 1989 should produce attested copy of any of the following documents, (i) birth certificate issued by a Municipal Authority or District office of the Registrar of Births and Deaths. (ii) Date of birth certificate or nationality certificate from the school last attended by the applicant or any other recognised educational institution; (iii) A certified copy of extract from the concerned District Magistrate/ SDM/sdo from voter's list where the name of the applicant is entered; (iv) Date of birth certificate issued by the Educational Boards; (v) Certificate from the Chief Medical Officer on the basis of the entries in register of the Registrar of Births and Deaths; (vi) No objection certificate issued by State Government or Central Government or Government undertaking who may be asked to certify the nationality of their employees applying for passport; (vii) Old Passport; (viii) Notarised affidavit stating nationality and date of birth in case of illiterate person, Annexure "h". " At the end of the said list of birth documents, under the heading "caution" it is stated as follows: "date of birth/place of birth once included in the passport will not be changed under any circumstances. In case of error, applicant will have to make a fresh application enclosing relevant evidence for obtaining fresh passport with correct date or place of birth. "

(3.) AS per this provision, therefore, the petitioner will have to make an application for fresh passport, enclosing all the relevant evidence in support of the correct date of birth.