Kerala High Court
K.Ismail vs Union Of India on 15 November, 2013
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935
WP(C).No. 3230 of 2014 (C)
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PETITIONER :
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K.ISMAIL, AGED 50 YEARS,
S/O. K.ABBAS MASTER, BEKEL KUNNIL HOUSE, P.O.PALLIKARE,
KASARAGOD DISTRICT.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENTS :
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1. UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110001.
2. THE PASSPORT OFFICER,
KOZHIKODE, PIN-673001.
BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3230 of 2014 (C)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXHIBIT P1- COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT NO.
F 8664139.
EXHIBIT P2- COPY OF THE EXTRACT OF ADMISSION REGISTER DATED 15-11-2013
ISSUED BY THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL,
PALLIKARE, KASARAGOD.
EXHIBIT P3- COPY OF THE CASTE CERTIFICATE DATED 17-12-2013 ISSUED BY THE
TALUK OFFICE, HOSDURG.
RESPONDENTS' EXHIBITS :
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NIL
// True Copy //
P.A. To Judge
DSV/05/02
P.N.RAVINDRAN, J.
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W.P.(C) No. 3230 of 2014
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Dated this the 3rd day of February, 2014
J U D G M E N T
The petitioner is the holder of Indian passport bearing No.F 8664139 issued by the the Embassy of India, Abudhabi. The said passport is valid till 04.06.2017. In that passport, the petitioner's date of birth is given as 03.04.1957. It is stated that the petitioner was born on 07.04.1964 and not on 03.04.1957 as stated in his passport. Reliance is placed on Exhibit P2 extract from the School Admission Register and Exhibit P3 Caste Certificate issued by the Tahsildhar, Hosdurg Taluk to substantiate the said contention. In this writ petition the petitioner prays for an order directing the Regional Passport Officer, Kozhikode to correct the date of birth in his passport as 07.04.1964 based on Exhibits P2 and P3.
2. It is evident from the pleadings that the petitioner has not so far moved the Regional Passport Officer with such a request. The petitioner's birth was not registered under the provisions contained in the Registration of Births and Deaths Act and the rules framed thereunder. The petitioner has also not passed the Secondary School Leaving Certificate Examination. A learned Single Judge of this Court has in Nazar v. Union of India (2013 (4) KLT 34) held that a certificate issued by the school authorities where the petitioner had W.P.(C) No. 3230 of 2014 2 undergone his studies can be relied on after verification and correction effected on the basis of the school records.
3. The petitioner was admittedly born before 26.01.1989. In the case of those born on and after 26.01.1989, the extract from the Register of Births has to be produced before the passport issuing authority. In the case of those born before 26.01.1989, it is enough if either an extract from the Register of Births or the Secondary School Leaving Certificate or a certificate issued by the school authorities is produced. I have in Swapna Siju v. Union of India [2012 (4) KLT 419] held referring to circulars dated 18.04.2001, 29.10.1997 and 15.01.2008 issued by the Ministry of External Affairs, Government of India that said circulars confer on the passport issuing authority the discretionary power to correct the date of birth in a passport where he or she is satisfied either with reference to the birth certificate or the school records that the earlier entry was mistakenly made. It was also noticed that the circular takes note of the fact that the mistake regarding the date of birth might have been committed either by the applicant himself or by the passport issuing authority. In such circumstances, I am of the opinion that in the event of the petitioner applying for a fresh passport showing his date of birth as 07.04.1964, accompanied by a certified extract from the School Admission Register W.P.(C) No. 3230 of 2014 3 (Original of Exhibit P2), the second respondent should ascertain its authenticity and genuineness and thereafter issue a passport to the petitioner if he is otherwise eligible for the same.
I accordingly dispose of the writ petition with a direction that in the event the petitioner applying for a fresh passport showing his date of birth as 07.04.1964 and producing along with it the original of Exhibit P2 extract from the School Admission Register, the Regional Passport Officer, Kozhikode shall ascertain its authenticity and genuineness through his own machinery or through the Police or by such other means as he deems proper and thereafter issue a passport showing the date of birth of the petitioner as 07.04.1964 if the petitioner is otherwise eligible for the issue of a passport. Needful in the matter shall be done and the passport issued expeditiously and in any event within an outer limit of three months from the date of receipt of the application.
Sd/-
P.N.RAVINDRAN, JUDGE // True Copy // P.A. To Judge DSV/05/02 W.P.(C) No. 3230 of 2014 4 W.P.(C) No. 3230 of 2014 5