Gujarat High Court
Brijesh Sureshkumar Patel vs Regional Passport Officer on 18 February, 2016
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/2675/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2675 of 2016
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BRIJESH SURESHKUMAR PATEL....Petitioner(s)
Versus
REGIONAL PASSPORT OFFICER....Respondent(s)
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Appearance:
MR UM SHASTRI, ADVOCATE for the Petitioner(s) No. 1
PRIYANK P LODHA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 18/02/2016
ORAL ORDER
1. Heard Mr.U.M.Shastri, learned counsel for the petitioner and Mr.Priyank Lodha, learned Central Government Counsel for the respondent.
2. The following facts which can be culled out from the record of the petition:-
2.1 The petitioner has applied for passport before the respondent authority and the respondent authority after verification of all the documents submitted by the petitioner, issued passport on 12.09.2015.
2.2 Record further indicates that in school leaving certificate, date of birth of the petitioner is mentioned as "28.07.1980" and father's name is shown as "Sureshbhai", whereas in the birth certificate, date of birth of the petitioner is mentioned as "16.01.1981" and father's name is mentioned as "Sureshkumar".Page 1 of 7
HC-NIC Page 1 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER 2.3 Record further indicates that upon coming to know about the above mentioned discrepancies in the birth date and father's name of the petitioner, the petitioner approached the respondent authority along with his birth certificate for correction of the same. However, the respondent authority has not considered the same and asked to approach the appropriate Court and produce the order regarding the same, hence, present petition is filed for direction directing the respondent authority to correct the date of birth and father's name of the petitioner in his passport.
3. Learned counsel for the petitioner has submitted that in school leaving certificate, date of birth of the petitioner is mentioned as "28.07.1980" and father's name is mentioned as "Sureshbhai", whereas in birth certificate issued by the competent authority of Ahmedabad Municipal Corporation under the provisions of Registration of Birth and Death Act, 1969, date of birth and father's name of the petitioner is mentioned as "16.01.1981" and "Sureshkumar" respectively.
4. Upon perusal of such document, which is forming part of the record, the query raised by the passport authority is legal and proper. It deserves to be noted that the petitioner himself has submitted such documents along with his passport application.
5. Learned counsel for the petitioner further states that the petitioner shall approach the appropriate Court for correction of birth date and father's name in school leaving certificate as provided under Regulation 12A of Page 2 of 7 HC-NIC Page 2 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER the Gujarat Secondary Education Regulation, 1974.
6. Per contra, learned counsel for the respondent authority submitted that as decided by this Court in the case of Regional Passport Officer Vs. Kokilaben W/o. Jaswantlal Panchal & Ors. [GLR 2009 (2) 1246], the passport authority has no power or jurisdiction to change the date of birth in the school leaving certificate. It was further submitted that as far as change in the name of suffix of the father's name is concerned, the petitioner may produce certain authentic documents, which can be considered. However, for change of birth date in the school leaving certificate, the petitioner shall have to produce corrected school leaving certificate as the petitioner himself had earlier submitted the said certificate and on basis of which the passport is given.
7. At this juncture, it would be appropriate to refer to the judgment of the Division Bench of this Court in the case of Regional Passport Officer (supra), wherein the Division Bench of this Court has observed thus:-
"9. We may indicate that Registration of Births and Deaths Act, 1969 was enacted to provide for births and deaths and matters connected therewith, which came into force with effect from 1.4.1970. Chapter 3 of the Act provides for registration of births and deaths and Section 13 is pertaining to delayed registration of births and deaths. Sub-section (3) of Section 13 empowers a Magistrate of the First Class to pass an order in case if birth or death is not registered within one year by its occurrence. Initial registration of births and deaths within a period of one year remain with the authority as provided under sub-section (1) and sub-section (2) of Section 13 of the Act. Section 15 of the Act deals with correction or cancellation of entries in the register of Births and Deaths. Section 15 of the Act, read with Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 provides for detailed procedure to be followed. It says where it is proved to Page 3 of 7 HC-NIC Page 3 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be or cancel the entry by suitable entry in original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Thus, it is clear that if it is proved to the satisfaction of the Registrar that entry being erroneous in the register of births and deaths, and it has been fraudulently or improperly made, he can make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under Section 25 of the Act and on hearing from him, take necessary action in the matter. Learned Single Judge of this Court in Nitaben Nareshbhai Patel Vs. State of Gujarat ý 2008 (1) G.L.R 884 elaborately considered the scope of above mentioned provisions, and the learned Single Judge also examined at length the provisions of Gujarat Secondary Education Act, 1972 and Gujarat Secondary Education Regulation, 1974. With regard to the change of date of birth entered in the school record, referring to Regulation 12(A), it was stated that if the student has actually left the school, no change can be effected in the record of the school. For making a change in the name, as provided under Regulation 12(5)(1), an application in prescribed proforma with certain documents as narrated in Regulation 5(1)(A) to (D) are required to be submitted. Regulation 12(6) deals with correction of date of birth, which is permissible only when student is studying in the school, and thereafter it can be corrected by the concerned Magistrate of First Class, upon proof of correct birth date.
10. Reference may also be made to the order passed by the Division Bench of this Court in Letters Patent Appeal No. 699 of 2003 in Special Civil Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others, referring to Gujarat Secondary Education Regulation, this Court took the view that the only remedy available to the party with regard to correction of date of birth/place of birth is to approach the authority for redressal of his grievance as provided under Section 13 of the Act.
11. The above discussion would amply show that for carrying out correction of date of birth or place of birth or name, powers have been conferred under the Act on the Registrar as well as the Judicial Magistrate, as the case may be, and also Magistrate First Class when the correction is sought to be made in school record, which is governed by Gujarat Secondary Education Act, Page 4 of 7 HC-NIC Page 4 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER 1972 and Regulation framed thereunder.
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.
Page 5 of 7HC-NIC Page 5 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER 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 discharged by Civil Magistrates).
(e) For those born on or after 26.1.1989, birth certificate is the only approved document, as already prescribed.
15. We therefore, allow all these appeals and set aside the directions given by the learned Single Judges to the Passport Authorities to conduct its own independent enquiry to decide as to whether the correction sought for was justified or not by recording reasons, which in our view are exclusively the functions to be discharged by the statutory authorities like Registrar of Births and Deaths, Judicial Magistrate or the Civil Court, as the case may be, depending upon the facts of each case."
8. For the foregoing, the petition is disposed of with the following directions:-
(a) The petitioner shall produce necessary authentic document before the passport authority for showing the correct name of his father as "Sureshkumar";
(b) The petitioner is at liberty to approach the jurisdictional Magistrate for correction of birth date in the school leaving certificate as provided under Regulation 12A of the Gujarat Secondary Education Regulation, 1974;
(c) If any such application is filed, learned Magistrate shall expedite the proceedings of such application and decide the same in accordance Page 6 of 7 HC-NIC Page 6 of 7 Created On Sun Feb 28 03:40:35 IST 2016 C/SCA/2675/2016 ORDER with law;
(d) The respondent authority shall consider the document(s) so submitted as well as the corrected school leaving certificate as and when submitted by the petitioner and shall decide the application pending before it, preferred within a period of four weeks from the date on which declaration/document(s) is produced by the petitioner.
With these observations and directions, the petition stands disposed of. Direct Service is permitted.
(R.M.CHHAYA, J.) Suchit Page 7 of 7 HC-NIC Page 7 of 7 Created On Sun Feb 28 03:40:35 IST 2016