Kerala High Court
Muhammed Ashraf C.K vs Union Of India on 26 March, 2009
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. 3228 of 2014 (C)
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PETITIONER :
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MUHAMMED ASHRAF C.K., AGED 50 YEARS,
ALIAS CHAVIDI KUNNUMAL ASHRAF, S/O. ABOOBACKER V.A.,
RESIDING AT CHEEDIKUNNUMMAL HOUSE, KODUVALLY,
KODUVALLY PANCHAYAT, KOZHIKODE 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. 3228 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
0273782.
EXHIBIT P2- COPY OF EXTRACT OF SCHOOL ADMISSION REGISTER ISSUED BY THE
PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KODUVALLY.
EXHIBIT P3- COPY OF THE PETITIONER'S ELECTION IDENTITY CARD NO. NLH 0067272
ISSUED BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P4- COPY OF THE DRIVING LICENCE NO. 57/1573/09 DATED 26-3-2009
ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, KODUVALLY TO THE PETITIONER.
EXHIBIT P5- COPY OF THE PETITIONER'S AADHAR CARD ENROLMENT NO.
2003/42036/11311.
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. 3228 of 2014
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Dated this the 3rd day of February, 2014
J U D G M E N T
The petitioner who is the holder of an Indian passport bearing No.F 0273782 issued by the Regional Passport Officer, Mangalore. The said passport is valid till 29.08.2014. In that passport the petitioner's date of birth is given as 18.02.1961. It is stated that the petitioner was born on 04.10.1964 and not on 18.02.1961 as stated in his passport. Reliance is placed on Exhibit P2 extract from the School Admission Register, Exhibit P3 Identity Card issued by the Election Commission of India, Exhibit P4 Driving Licence and Exhibit P5 Aadhar card to substantiate the said contention. In this writ petition the petitioner prays for an order directing the second respondent Regional Passport Officer, Kozhikode to correct the date of birth in his passport as 04.10.1964 based on Exhibits P2 to P5.
2. It is evident from the pleadings that the petitioner has not so far moved the Regional Passport Officer with such a request. The records disclose that 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) W.P.(C) No. 3228 of 2014 2 held that a certificate issued by the school authorities where the petitioner had 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 04.10.1964, W.P.(C) No. 3228 of 2014 3 accompanied by a certified extract from the School Admission Register (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 04.10.1964 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 04.10.1964 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. 3228 of 2014 4 W.P.(C) No. 3228 of 2014 5