Gujarat High Court
Bhavnaben Mahendrakumar Koshiya vs Regional Passport Officer on 3 November, 2015
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/13503/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13503 of 2015
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BHAVNABEN MAHENDRAKUMAR KOSHIYA....Petitioner(s)
Versus
REGIONAL PASSPORT OFFICER....Respondent(s)
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Appearance:
MR UDAYAN P VYAS, ADVOCATE for Petitioner(s) No. 1
PRIYANK P LODHA, ADVOCATE for Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 03/11/2015
ORAL ORDER
(1) Heard learned counsel for the parties.
(2) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate direction directing the respondent authority to incorporate the birth of place as Sarvedi, Tal. Sihor, Dist. Bhavnagar, in place of Luvra, Tal. Gariyadhar, Dist. Bhavnagar.
(3) Learned advocate for the petitioner has relied upon the birth certificate issued by Talaticum Mantri, Sandhida Group Gram Panchayat, which is at AnnexureC to this petition.
(4) Per contra learned Central Government Counsel for the respondent authority has relied upon the affidavitinreply filed by the respondent.
No other and further submissions are made by learned counsel for the parties.
(5) On perusal of the record of the petition it clearly transpires that the petitioner was issued Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Nov 04 02:45:29 IST 2015 C/SCA/13503/2015 ORDER passport bearing No.E2110723 on 08.06.2002, which was valid upto 09.06.2012. In the said passport the place of birth is mentioned as Luvra. It clearly transpires that the said passport was applied on the basis of the school leaving certificate issued by Majiraj Girls High School, Bhavnagar. In the present application, which is filed in the form of fresh / renewal application, place of birth is mentioned as Sarvedi and for that reliance is placed on the birth certificate issued by the competent authority under the provisions of Registration of Births and Deaths Act, 1969 (the Act) and the Gujarat Registration of Births and Deaths Rules, 2004. Both these set of documents clearly establish that there is a remarkable change in the date of place. It was pointed out by learned counsel at the Bar that both the villages have different talukas, though in the same district and on inquiry by the court it was informed that it is at a distance of approx. 40 kms.
(6) In light of the aforesaid, therefore, there are no other authenticate documents on which Regional Passport Officer can safely rely and change the date of place from Luvra to Sarvedi. Learned Central Government Counsel for the respondent authority has rightly relied upon the judgment rendered by Division Bench of this Court in the case Regional Passport Officer Vs. Kolilaben w/o. Jaswantlal Panchal, 2009(2) G.L.R. 1246, wherein it has been clearly held that in case of such Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Nov 04 02:45:29 IST 2015 C/SCA/13503/2015 ORDER discrepancy the applicant has to obtain declaration as provided under Section 15 of the Act. Division Bench at Paragraph Nos.1214 has observed thus:
"12. We are therefore, clearly of the view that Passport Authorities are not expected to make their own independent enquiry when there is a dispute or 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 corrected documents, Passport Authorities will immediately carry out necessary correction in the Passport.
13. We may in this connection also refer to the Circular issued by the Ministry of External Affairs on 29th October, 2007, which refers to change of date of birth and place of birth in the Passports. Following directions have been issued in the said Circular.
(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, in all such cases the documents produced earlier as proof of date of 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 that latter, 'gratis'. There is no need for declaratory court order in such cases.
(b) Where a competent authority which issued a birth certificate or an educational certificate issues any correction or amendment in date/place of birth, PIA may effect the necessary amendment in the passport without insisting on a Court order provided the same document was produced earlier with the passport application. Fresh fees will be charged.
(c) Where files have already been destroyed, PIAs could use their discretion in correction of date of birth without a Court order, where such correction is only in months (not more than two years) and applicants provide satisfactory explanation that the same document(s) was provided at the time of initial passport application. Fresh fees will be charged.
(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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Nov 04 02:45:29 IST 2015 C/SCA/13503/2015 ORDER discharged by Civil Magistrates).
(e) For those born on or after 26.1.1989, birth certificate is the only approved document, as already prescribed.
14. We have already indicated that subsection (2) of Section 5 of the Act enables the Passport authority to ask for furnishing such additional information, documents or certificates, as may be considered necessary by such authority for the proper disposal of the application. Therefore, it is always open to the Passport authority to insist that, when application is submitted by any person for correction of date of birth, place of birth or name, to produce relevant certificates issued by the Competent statutory authority, Judicial Magistrate or Civil Court, based on which necessary correction could be made in the Passport already issued. Passport Authority is not competent or expected to make a rowing enquiry by its own to decide as to whether date of birth, place of birth or name already entered in the Passport is correct or not, which in our view, is not the function of the Passport Authority functioning under the Passport Act and the Rules and Regulations. We therefore disagree with the reasoning of the ruling rendered by the learned Judge as well as the view expressed by the Division Bench of the Bombay High Court."
(7) In light of the aforesaid therefore the petitioner is required to approach Jurisdictional Magistrate, First Class, who has jurisdiction for the said purpose and file an appropriate application, as envisaged under Section 15 of the Act and pray for an appropriate declaration for the said purpose. If any such application is filed Jurisdictional Magistrate, First Class, shall decide the same as expeditiously as possible, in accordance with law.
(8) With these observations and directions, the petition stands disposed of. D.S. permitted.
Sd/ [R.M.CHHAYA, J ] *** Bhavesh[pps]* Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Nov 04 02:45:29 IST 2015