Kerala High Court
Abdul Jaleel Mecheeri vs The Passport Officer on 31 March, 2014
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY,THE 31ST DAY OF MARCH 2014/10TH CHAITHRA, 1936
WP(C).No. 8360 of 2014 (T)
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PETITIONER:
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ABDUL JALEEL MECHEERI,
S/O.ABULLA MECHEERI, MECHEERI HOUSE, MARATHANI,
THRIKKALANGODE(PO), MALAPPURAM DISTRICT, PIN-676 123.
BY ADVS.SRI.K.T.SIDHIQ,
SRI.T.K.AJITH KUMAR.
RESPONDENT:
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THE PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, MALAPPURAM, DOWNHILL(PO),
MALAPPURAM DISTRICT, PIN-676 519.
BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.8360/2014-T:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE
PETITIONER BEARING NUMBER E 5839233.
EXT.P.2: TRUE COPY OF THE `ONLINE APPLICATION RECEIPT' GOT TO THE
PETITIONER.
EXT.P.3: TRUE COPY OF THE RELEVANT PAGE OF THE S.S.L.C. BOOK OF THE
PETITIONER.
EXT.P.4: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON, J.
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W.P.C. No.8360 OF 2014
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Dated this the 31st day of March, 2014.
JUDGMENT
The petitioner has approached this Court seeking for correction of date of birth in the passport bearing No. E5839233. The case of the petitioner is that his actual date of birth is '27.02.1975', but the same is wrongly entered as '15.02.1972' in Ext.P1 passport. On coming to know about the mistake, the petitioner filed Ext.P2 'Online application' before the respondent, seeking to effect necessary corrections. In support of the case projected by the petitioner, Ext.P2, 1st page of the SSLC Book was produced. Since Ext.P2 application was not acted upon by the respondent, insisting to produce the order of competent civil Court to correct the date of birth, the petitioner is now before this Court for getting appropriate relief.
2. The learned counsel for the petitioner relies upon the judgment of this Court in Swapna Siju vs. Union of India (2012 (4) KLT 419), wherein it was held that to prove the date of birth, SSLC book of an applicant born before 26/01/1989 can W.P.C.No.8360 OF 2014 2 be relied on. The learned Counsel for the petitioner also seeks to rely on the Circular No.VI/401/2/5/2001 dated 29.10.2007 issued by the Ministry of External Affairs. The relevant clause is extracted below:
"Many countries insist that date/place of birth in all relevant documents of a person be same, for purposes of immigration, long term resident visas etc. Consequently, frequent requests are being received by PIAs in India and sometimes Missions abroad for change in date of birth/place of birth in passports already held by individuals. A fair number of court cases are also being filed by applicants for effecting changes in date of birth and place of birth. Instructions contained in Ministry's Circular of even number dated 18th April 2001 (copy enclosed) are by and large ignored by most PIAs. In this regard, all PIAs are advised that all cases relating to change of date of birth/place of birth in passports already held by an applicant be examined on following lines before asking for production of a Court Order:
a) Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction and asks for rectification/correction: In all such cases the documents produced earlier as proof of date of W.P.C.No.8360 OF 2014 3 birth/place of birth at the time of issue of passport may be perused (if not already destroyed) by PIA. In case, it is a clerical mistake either by the applicant or the PIA, date/place of birth correction may be allowed by issue of fresh passport booklet; in the former case, by charging fee for fresh passport and in the latter, gratis.
There is no need for declaratory court order in such cases." (emphasis is supplied)"
3. Going by the above clause, it is very much obvious that the SSLC Book is sufficient to prove the Date/Place of Birth. However, in paragraph '7' of the statement filed on behalf of the respondent in the decision cited supra, it was stated as follows:
"Vide Ministry of External Affairs Circular No.VI/401/2/5/01 dated 22.08.2008, it is stated that Passport issuing Authority should contest date of birth and place of birth correction cases where the difference of date of birth is for several years and the place of birth is changed from one State to another or from abroad to India." (emphasis is supplied) The petitioner has produced a copy of the Birth Certificate issued by the competent authority as Ext.P4 showing the Date of Birth of the petitioner. Birth Certificate issued by the competent authority is the most reliable piece of evidence to substantiate W.P.C.No.8360 OF 2014 4 the Date of Birth ad Place of Birth. There is no conflicting entry in Ext.P3 and Ext.P4 in respect of the Date of Birth. Whether Ext.P3/Ext.P4 is a genuine document or not, is a matter to be ascertained by the second respondent and the further course of action will be subject to the outcome of such verification.
4. In such circumstances, the respondent is directed to re- consider Ext.P2 application preferred by the petitioner and pass appropriate orders after ascertaining the correctness/ genuineness of Exts.P3/P4 and finalise the proceedings in accordance with law. It shall be done at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp