Kerala High Court
Sasi.A.R vs Regional Passport Officer on 13 December, 2013
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935
WP(C).No. 31425 of 2013 (C)
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PETITIONER(S):
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SASI.A.R.,
S/O.RAGHAVAN, ALATHI HOUSE, VATANAPPALLY P.O.,
THRISSUR.
BY ADVS.SRI.S.U.NAZAR
SRI.MANSOOR.B.H.
RESPONDENT(S):
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1. REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, COCHIN-682 016.
2. THE ASSISTANT PASSPORT OFFICER,
PASSPSORT SEVA KENDRA, GROUND FLOOR, HEERA ROYALE,
AIRPORT SEA PORT ROAD, COCHIN PALACE P.O.,
KARINGACHIRA-682 301.
R1 & R2 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 31425 of 2013 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1.A TRUE COPY OF THE PASSPSORT BEARING NO.K.4299408 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P2.A TRUE COPY OF THE EXTRACT OF ADMISION REGISTER
ST.THOMAS HIGHER SECONDARY SCHOOL, ENGANDIYOOR.
EXHIBIT P3.A TRUE COPY OF THE ONLINE APPLICATION DATED 13/12/2013
SUBMITTED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS:
------------------------------------------ N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.N.RAVINDRAN, J.
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W.P.(C) No. 31425 of 2013
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Dated this the 7th day of February, 2014
J U D G M E N T
The petitioner is the holder of an Indian passport bearing No.K 4299408 issued by the Regional Passport Officer, Cochin. The said passport is valid till 18.9.2022. In that passport, the petitioner's date of birth is given as 15.5.1965. It is stated that the petitioner was born on 15.5.1969 and not on 15.5.1965 as stated in his passport. Reliance is placed on Exhibit P2 extract from the School Admission Register to substantiate the said contention. In this writ petition, the petitioner prays for an order directing the first respondent Regional Passport Officer, Cochin to issue a fresh passport showing his date of birth as 15.5.1969.
2. The petitioner was admittedly born before 26.01.1989. In the case of those born on and after 26.01.1989, the extract from the Register of Births has to be produced before the passport issuing authority. In the case of those born before 26.01.1989, it is enough if either an extract from the Register of Births or the Secondary School Leaving Certificate or a certificate issued by the school authorities is produced. The records disclose that the petitioner's birth was not registered under the provisions contained in the W.P.(C) No.31425/2013 2 Registration of Births and Deaths Act and the rules framed thereunder. The petitioner has also not passed the Secondary School Leaving Certificate Examination. A learned Single Judge of this Court has in Nazar v. Union of India (2013 (4) KLT 34) held that a certificate issued by the school authorities where the petitioner had undergone his studies can be relied on after verification and correction effected on the basis of the school records. I have in Swapna Siju v. Union of India [2012 (4) KLT 419] held referring to circulars dated 18.04.2001, 29.10.1997 and 15.01.2008 issued by the Ministry of External Affairs, Government of India that said circulars confer on the passport issuing authority the discretionary power to correct the date of birth in a passport where he or she is satisfied either with reference to the birth certificate or the school records that the earlier entry was mistakenly made. It was also noticed that the circular takes note of the fact that the mistake regarding the date of birth might have been committed either by the applicant himself or by the passport issuing authority. In such circumstances, I am of the opinion that in the event of the petitioner applying for a fresh passport showing his date of birth as 15.5.1969, accompanied by a certified extract from the School Admission Register (Original of Exhibit P2), the first respondent should ascertain its authenticity and genuineness and thereafter issue a W.P.(C) No.31425/2013 3 passport to the petitioner showing the date of birth as 15.5.1969, if he is otherwise eligible for the same.
I accordingly dispose of the writ petition with a direction that in the event of the petitioner applying for a fresh passport showing his date of birth as 15.5.1969 and producing along with it the original of Exhibit P2 extract from the School Admission Register, the Regional Passport Officer, Cochin shall ascertain its authenticity and genuineness through his own machinery or through the Police or by such other means as he deems proper and thereafter issue a passport showing the date of birth as 15.5.1969, if the petitioner is otherwise eligible for the issue of a passport. Needful in the matter shall be done and the passport issued expeditiously and in any event within an outer limit of three months from the date of receipt of the application.
P.N.RAVINDRAN, (JUDGE) vps