Madhya Pradesh High Court
Sanyogita Chauhan vs Union Of India on 23 November, 2019
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.16176/2019
Sanyogita Chauhan Vs. Union of India and another
Gwalior, Dated :23/11/2019
Shri Nirmal Sharma, Advocate for petitioner.
Shri Nakul Khedkar, Advocate for respondents.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"i- Respondent may kindly be directed to consider claim of petitioner for correction of date of birth recorded in Passport from 10.06.1994 to 01.06.1994 in accordance with law.
Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner."
It is submitted by the counsel for the petitioner that on 24/5/2006 passport of the petitioner was issued showing her date of birth as 10/6/1994. Thereafter, it was renewed on 18/4/2011 and in the said passport also, the date of birth of the petitioner has been disclosed as 10/6/1994. Both the passports were issued during the minority of the petitioner. It is submitted that it appears that 10/6/1994 was recorded as her date of birth on the basis of the Birth and Death Certificate issued by the Municipal Corporation, Gwalior, however, in all other documents her date of birth is mentioned as 1/6/1994. Accordingly, the Municipal Corporation, Gwalior has also issued a fresh birth certificate indicating that her date of birth is 1/6/1994. It is submitted that the petitioner has made a prayer to the 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.16176/2019 Sanyogita Chauhan Vs. Union of India and another Passport Authorities to correct the date of birth, so that there may not be any discrepancy in date of birth in any of her documents, however, the Passport Authorities have verbally refused to issue a fresh passport showing her date of birth as 1/6/1994. Thus, this petition has been filed for a direction to the respondents to consider the claim of the petitioner for correction of date of birth recorded in her passport. It is also submitted by the counsel for the petitioner that in reply to FAQs, the Passport Department has pointed out that if the applicant was minor when his/her first passport was issued, he/she can correct the date of birth, any time when he/she is a minor, or when he/she first time applies for reissue of passport after becoming a major. It is submitted that both the passports were issued during the minority of the petitioner, therefore, the answer given by the Passport Authorities in reply to FAQs fully apply to the facts of the case.
Per contra, it is submitted by the counsel for the respondents that it appears that the petitioner is having two birth certificates issued by the Municipal Corporation, Gwalior. According to the first certificate, her date of birth is 10/6/1994. It is submitted that so long as both the certificates are in existence, the Passport Authorities have no jurisdiction to adjudicate that whether the first birth certificate issued by the Municipal Corporation, Gwalior is proper or whether the second birth certificate issued by the Municipal Corporation, 3 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.16176/2019 Sanyogita Chauhan Vs. Union of India and another Gwalior is proper and accordingly, it is submitted that the Passport Authorities cannot accede to the prayer of the petitioner.
Heard learned counsel for the parties.
"The Ministry of External Affairs, CPV Division, PV-I Section has issued office memorandum dated 26.11.2015. Clause II and Clause III of the said memorandum reads as under:-
(ii) If an applicant applies for the change of date of birth in the passport within a reasonable period of time i.e. within a span of five(5) years from the date of issue of passport having the alleged wrong date of birth, with the birth certificate issued by the Registrar of Births and Deaths stating that the date of birth recorded in the passport was based on the entries mentioned documents other than the Birth Certificate, the request of such an applicant irrespective of the difference in the dates of birth, may be considered by the Passport Issuing Authority. However, before the issuance of passport with changed date of birth, the Passport Authority shall also levy appropriate penalty on the applicant for obtaining passport on previous occasion by providing wrong information regarding his/her date of birth.
(iii) The cases where the applicant comes to PIA for change/correction with regard to date of birth in the Passport after a period of five years from the date of issue of passport with alleged wrong date of birth, no such request shall be entertained/accepted by the PIA and be rejected out rightly."
Thus, it is clear that where there is a dispute with regard to the date of birth mentioned in the passport, then the same can be corrected on the 4 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.16176/2019 Sanyogita Chauhan Vs. Union of India and another basis of the birth certificate issued by the Registrar of Births and Deaths."
In the present case, the petitioner is having two birth certificates issued by Registrar, Birth and Death, Municipal Corporation, Gwalior and both birth certificates are in existence. According to one birth certificate, her date of birth is 10/6/1994 and according to another birth certificate, her date of birth is 1/6/1994. It is not the case of the petitioner that the first certificate indicating the date of birth of the petitioner as 10/6/1994 has been cancelled by the Municipal Corporation, Gwalior. Under these circumstances, when the petitioner is having two birth certificates, then the stand taken by the authorities with regard to their incompetency to decide the correctness of the birth certificates is correct.
Under these circumstances, the counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file a fresh application for correction of her date of birth after getting her first birth certificate cancelled from the Municipal Corporation, Gwalior.
With aforesaid liberty, this petition is finally disposed of.
(G.S. Ahluwalia)
Arun* Judge
ARUN KUMAR MISHRA
2019.11.26 11:21:28 +05'30'