Rupalben Jigneshbhai Patel vs Regional Passport Officer on 7 May, 2014

[Cites 3, Cited by 0]

Gujarat High Court

Rupalben Jigneshbhai Patel vs Regional Passport Officer on 7 May, 2014

Bench: A.J.Desai

           C/SCA/6823/2014                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              SPECIAL CIVIL APPLICATION NO. 6823 of 2014

================================================================
               RUPALBEN JIGNESHBHAI PATEL....Petitioner(s)
                              Versus
              REGIONAL PASSPORT OFFICER....Respondent(s)
================================================================
Appearance:
MR SHAILESH C SHARMA, ADVOCATE for the Petitioner(s) No. 1
MR IH SYED, ASSISTANT SOLICITOR GENERAL OF INDIA for the
Respondent No. 1
================================================================
          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                               Date : 07/05/2014
ORAL ORDER

1 RULE. Mr. I.H. Syed, learned Assistant Solicitor General of India, waives service of notice of Rule on behalf of respondent.

2 By way of the present petition filed under Articles 14 , 21 and 226 of the Constitution of India, the petitioner has prayed to issue an appropriate writ of mandamus or any other appropriate writ, order or direction directing the Respondent authority to correct the date of birth of the petitioner in her passport No.H8679736 from 25.3.1982 to 25.3.1981 and to complete the necessary consequent procedure for the same within 10 days from the date of the order and renew the passport of the petitioner.

2 Mr. Shailesh C. Shah, learned Advocate, appearing for the petitioner would submit that the petitioner had approached the respondent for making necessary correction of date of birth as 25.3.1981 instead of 25.3.1982 in the passport bearing No.H8679736, but the authority has refused to carry out correction in the passport. He has also Page 1 of 3 C/SCA/6823/2014 ORDER produced copy of Birth Certificate issued by the competent authority, certificate issued by the school etc. Hence the present petition.

3 On the other hand Mr. I.H.Syed, learned Assistant Solicitor General of India, placed reliance on a decision of the Division Bench of this Court in the case of Regional Passport Officer vs. Kokilaben wife of Jaswantlal Panchal, as reported at 2008 (0) GLHELHC 220793 and particularly para12 and 13(d) of the said judgment, which is reproduced hereinbelow:

"12 We, therefore, clearly of the view that Passport Authorities are not expected to make their own independent enquiry when there is a dispute of difference with regard to the date of birth, place of birth or name entered in the passport, especially when entries were once made on the basis of records produced by the Passport holder. If there is any mistake on the records already produced, based on which entries were already made, then it is for the party, who seeks correction to produce documents after carrying out necessary correction by the concerned statutory authorities, Judicial Magistrate or the Civil Court, as the case may be. Passport Authorities are always competent to direct the parties to produce relevant documents either from the authorities functioning under the Births and Deaths register or from the Judicial Magistrate or from the Civil Court, as the case may be. On production of correct documents, Passport Authorities will immediately carry out correction in the passport.

13(d) Where the initial entry has been made on the basis of a supportive document issued by one competent authority i.e. School/educational authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i.e. Municipal authorities etc resulting in conflicting documents for valid proof, the PIA should direct the applicant to procure an order from a First Class Judicial Magistrate, to effect the change as per Passport Manual 2001 (in some States, this function is discharged by Civil Magistrates).

3.1 Mr. Syed, learned Assistant Solicitor General of India, has Page 2 of 3 C/SCA/6823/2014 ORDER submitted that in the present case, PIA had issued passport to the petitioner and mentioned the date of birth based on the School Leaving Certificate, which is produced by the petitioner. He therefore submitted that the initial entry has been made in the passport on the basis of a supportive document issued by one competent authority i.e. School authority and the applicant subsequently requests for a change on the basis of certificate issued by another competent authority, resulting in conflicting documents for valid proof. Therefore, the petitioner be directed to procure an order from a competent court for effecting correction in the passport.

4. I have heard the learned Advocates appearing for the parties. It appears from the record that in the present case, the petitioner had, while applying for passport, submitted the copy of School Leaving Certificate issued by the Principal, Sardar Vallabhbhai Patel High School, Karamsad, DistrictAnand, wherein the date of birth of the petitioner is mentioned as 25.3.1982. On the basis of which, the PIA had issued the Passport mentioning the date of birth of the petitioner as 25.3.1982. I am of the opinion that in view of the decision of the Division Bench in the case of Regional a Passport Officer (supra), the Passport Authority is not competent or excepted to make a rowing inquiry by its own to decide as to whether date of birth already entered in the Passport of the petitioner is correct or not. In my opinion, the petitioner has to procure an order from the competent court so as to effect the change in the passport by the PIA.

4. In view of above, this petition is disposed of accordingly. Direct service is permitted.

(A.J.DESAI, J.) pnnair Page 3 of 3

Unlock Advanced Research with PRISMAI

Gujarat High Court