AROOSHI BUDHOLIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) The petitioner has filed the present petition, under Article 226 of the Constitution of India and prays for following reliefs:-

(3.) The brief facts leading to filing of the case are that petitioner had filed an application through her mother for re-issue of her passport on 5/7/2022 bearing Application No. 22-0006160242 and file bearing No. BP1076632388022 before respondent No. 2. Earlier, the Passport No. H4973728 was issued to the petitioner on 28/5/2009 in which her date of birth was mentioned as 21/9/2004. The respondent No. 2 raised an objection that in the old Passport No. H4973728 the different date of birth is mentioned. The petitioner approached the respondent Nos. 3 and 4 for correction of date of birth in the passport. Vide letter dtd. 5/7/2022, the birth certificate issued on 20/1/2005 was rejected stating that the date of birth of the petitioner is 11/7/2005 and also mentioned that her date of birth was recorded as 11/8/2005 in official record of the Municipal Corporation. On 3/8/2022, respondent No. 2 issued a letter asking the petitioner to confirm the correct date of birth and also produce the cancellation certificate. The petitioner visited the office of respondent No. 3 and submitted all the original records. The respondent No. 3 issued E-Birth Certificate on 25/8/2022 in which the date of birth of the petitioner is mentioned as 11/7/2005. As per the birth certificate dtd. 10/2/2009 as well as E-Birth Certificate dtd. 25/8/2022, the petitioner's date of birth is 11/7/2005 and the same date of birth is also recorded in School Education Record, Aadhar Card etc. The petitioner appeared in the examination of Universal Clinical Aptitude Test i.e. UCAT which was conducted for medical student on 4/8/2022 and she has cleared the aforesaid exam. In view of the aforesaid, she is required to go abroad for further admission process before 15th of September, 2022.