Gujarat High Court
Parul Bharatkumar Modi vs Regional Passport Officer on 5 April, 2016
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/4421/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4421 of 2016
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PARUL BHARATKUMAR MODI....Petitioner(s)
Versus
REGIONAL PASSPORT OFFICER....Respondent(s)
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Appearance:
MR.S.N.SHELAT, SENIOR ADVOCATE for MRS VD NANAVATI, ADVOCATE for the Petitioner No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 05/04/2016
ORAL ORDER
1. Heard Mr.S.N.Shelat, learned senior advocate assisted by Ms. V.D.Nanavati learned advocate appearing for the petitioner and Mr. Kshitij Amin, learned advocate for the respondent.
2. By way of the present petition filed under Articles 14, 19, 21 and 226 of the Constitution of India, the petitioner has prayed as under:
"[A] Your Lordship may be pleased to admit and allow the present petition;
[B] Your Lordship may be pleased to issue writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent to process the application of the petitioner for grant of passport and not to insist upon correction of the discrepancy found in the School Leaving Certificate and Birth Certificate as regards petitioner's surname.
[C] Pending, hearing and / or final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent authority to process the application of the petitioner for grant of passport and not to insist upon correction of the discrepancy found in the School Leaving Certificate and Birth Certificate as regards petitioner's surname Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Apr 12 00:30:49 IST 2016 C/SCA/4421/2016 ORDER [D] Any other and further relief that may be deemed fit and proper may please be granted in the interest of justice."
3. Pursuant to notice issued by this Court, the respondent authority has filed an affidavitinreply dated 04.04.2016.
4. Short question in the present case is with regard to nonissuance of passport to the petitioner on the ground of different surnames of the petitioner mentioned in the school leaving certificate and in the birth certificate as well as in the other documents. The correct surname of the petitioner, prior to her marriage was 'Modi'. In birth certificate, name of the petitioner has also been mentioned as Parul daughter of Ramchandra Prabhudas Modi. In Birth certificate and Aadhar Card, correct surname of petitioner 'Modi' has been mentioned as well as in Election Card, also surname of the father of the petitioner has also been mentioned as 'Modi'. However, in School Leaving Certificate issued by C.U.Shah High Secondary School, Ashram Road, Ahmedabad, the surname of the petitioner is mentioned as 'Banker'.
5. Mr.S.N.Shelat, learned senior advocate assisted by Ms. V.D.Nanavati, learned advocate appearing for the petitioner has relied upon the decision in case of Cidco V. Vasudha Gorakhnath Mandevlekar reported in 2009(7) SCC 283 in which the Apex Court has held that the deaths and births register maintained by the statutory authorities raises a presumption of correctness. He, therefore, would submit that the authority shall not insist for any other documents for issuing of passport to the petitioner.
6. Considering the above facts and circumstances and also the decision in case of Cidco V. Vasudha Gorakhnath Mandevlekar (supra), the passport authority is hereby directed to process the application of the petitioner without insisting for correction of the Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Apr 12 00:30:49 IST 2016 C/SCA/4421/2016 ORDER discrepancy found in the School Leaving Certificate and Birth Certificate as regards surname of the petitioner. The said exercise shall be undertaken within a period of two weeks from today.
7. In view of the above, the present petition stands disposed of.
Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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