Rajasthan High Court - Jaipur
Madan Lal Yadav vs U O I on 9 April, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 560/2016
1. Madan Lal Yadav s/o Shri Ram Sahay Yadav, aged about 27
years, R/o Dhani Chhatri Wali Udaipura, Village Govindpura,
Tehsil Khandela, District Sikar, Rajasthan
----Petitioner
Versus
1. Union of India Through Regional Passport Officer, Regional
Passport Office, J-14, Jhalana Institutional Area, Jhalana
Doongri, Jaipur.
----Respondent
For Petitioner(s) : Ms. Sudesh Kasana For Respondent(s) : Mr. V.P. Mathur
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 09/04/2019 Matter comes up on an interim application number 6/2018, in the backdrop of the order dated 16 th May, 2018, informing this Court of the fact that the original record with regard to the passport issued to the petitioner has been weeded out and a scanned copy is retained for the purpose of record, which has already been annexed with the counter affidavit filed.
2. By order dated 16th May, 2018, counsel for the respondent - Passport Authority, was directed to furnish record relating to earlier passport issued to the petitioner to ascertain whether the petitioner utilized the earlier passport for travel or not.
3. Learned counsel for the respondent gives out that from the details furnished and materials available on record, use of the passport by the petitioner for travel is apparent on the face of (Downloaded on 27/06/2019 at 11:27:53 PM) (2 of 5) [CW-560/2016] record and he also sought employment too on the basis of earlier passport.
4. Referring to Clause (iv) of the Office Memorandum dated 22 nd September, 2016, issued by the Ministry of External Affairs, CPV Division; it is contended that all the Passport Issuing Authorities (PIAs), have been directed with reference to change/correction with regard to the date of birth (DOB), in the passport after 5 years from the date of issuance of the passport not to entertain/accept such claim for correction of date of birth. However, exception in this regard has been made to applicant, who was a minor at the time when the passport with the alleged wrong date of birth was issued to him/her. Hence, as and when such applicant after attaining the age of majority, applies for change of date of birth in the passport already issued, the PIA, irrespective of the period of issuance of the passport may accept his/her case for consideration and if it is satisfied with the claim and document(s) submitted by the applicant, may accept his/her request for change of date of birth in the passport without imposition of any penalty. Therefore, according to the learned counsel, application of the petitioner for change of date of birth merits rejection.
5. Repelling the contentions put forth in resistance of the claim of the petitioner; learned counsel for the petitioner, referring to opinion of Coordinate Benches of this Court, at Principal Seat, Jodhpur, in the case of Ms. Shilpi Versus Union of India & Ors.:
SBCWP Number 6598 of 2014, decided on 10 th August, 2016, Rohit Mewara Versus Union of India & Ors.: SBCWP Number 9349 of 2013, decided on 10th September, 2014, Aparna Mody Versus Union of India & Anr.: SBCWP Number 7181 of 2012, decided on (Downloaded on 27/06/2019 at 11:27:53 PM) (3 of 5) [CW-560/2016] 28th May, 2013, Isaf Khan Versus Union of India: SBCWP Number 1618 of 2015, decided on 25 th October, 2016, and Piyush Chopra Versus Union of India & Ors.: SBCWP Number 7873 of 2010, decided on 31st October, 2011.
6. Further, relying upon the corresponding Clause (iv) of the earlier Office Memorandum dated 26th November, 2015, issued by the respondent, asserted that the Passport Authority, in no way, is to relegate the applicant to obtain the declaratory court order to carry out changes with regard to date of birth in the passport, as the Passport Authority, subject to the condition that the case has been submitted by the applicant within the stipulated limit of 5 years from the date of issuance of passport (except the cases of minor passport holder as detailed out in para 5(ii) above), would now be eligible to accept the genuine cases irrespective of the difference of dates of birth.
7. Heard and considered.
8. From a conjoint reading of Clause (iv) of the Office Memorandum dated 26th November, 2015, what emerges is that the correction in the date of birth, in the case of minor passport holder on an application made within 5 years of attaining the age of majority, is, to be carried out without imposition of any penalty subject to satisfaction with the claim and with the document(s) submitted by the applicant in support thereof. Thus, in case, an application is instituted after 5 years, the Passport Issuing Authority (PIA), will be at liberty to impose appropriate penalty. And upon satisfaction with the claim on the basis of the document(s) filed in support thereof, the Passport Issuing Authority, is, required to carry out the change of date of birth. (Downloaded on 27/06/2019 at 11:27:53 PM)
(4 of 5) [CW-560/2016]
9. In the case of Piyush Chopra (supra), a Coordinate Bench of this Court in no uncertain terms held thus:
"In the given set of facts and circumstances, this Court is unable to find any justification wherefor the respondents have chosen to keep the application made by the petitioner pending for all this time. In the given fact situation, even the demand of penalty [as indicated in the communication dated 04.05.2009 (Annex.6)] does not appear justified. It has not been shown if the petitioner has deliberately made any such misstatement for which he was required to be penalised. It would rather be a travesty of justice if the respondents are permitted to avoid issuance of passport to the petitioner even when he has stated the date of birth in conformity with what has been mentioned in his academic career and in all the related documents including the Secondary School Certificate. Having regard to the circumstances, this writ petition deserves to be allowed with necessary directions to the respondents.
Accordingly, this writ petition is allowed; the respondents are directed to process the application made by the petitioner for issuance of passport immediately and, for the purpose of date of birth, shall take the date mentioned in the petitioner's Secondary School Certificate as conclusive. Further, the respondents are held not entitled to recover any penalty from the petitioner and the amount of Rs.2,000/- as deposited by the petitioner towards penalty shall be refunded to him. The requirements of this order shall be carried out by the respondents within 30 days from today.
In the circumstances, there shall be no further order as to costs."(Downloaded on 27/06/2019 at 11:27:53 PM)
(5 of 5) [CW-560/2016]
10. For the reasons aforesaid and in view of the settled legal position as referred to by the learned counsel for the petitioner in the opinions relied upon; I am inclined to grant the prayer of the petitioner in the instant writ application.
11. Accordingly, writ application instituted by the petitioner succeeds and is hereby allowed.
12. The respondent - Passport Issuing Authority, would do the needful to carry out the necessary correction as to the petitioner's date of birth in the original passport and issue him afresh passport as expeditiously as possible; preferably, within two months from the date a certified copy of this order is presented.
13. No costs.
(VEERENDR SINGH SIRADHANA),J SUNIL SOLANKI /19/61 (Downloaded on 27/06/2019 at 11:27:53 PM) Powered by TCPDF (www.tcpdf.org)