Gujarat High Court
Nishita Pankajsinh Jadeja vs The Regional Passport Officer on 8 December, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/10727/2021 ORDER DATED: 08/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10727 of 2021
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NISHITA PANKAJSINH JADEJA
Versus
THE REGIONAL PASSPORT OFFICER
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Appearance:
MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 08/12/2021
ORAL ORDER
With the consent of the learned advocates appearing for the respective parties, the captioned writ petition is taken up for final disposal.
2. Issue rule, returnable forthwith. Mr.Kshitij Amin, learned Central Government Standing Counsel waives service of notice of Rule on behalf of the respondent.
3. The captioned writ petition, has been filed by the petitioner seeking direction to the respondent to carry out the change in the name of the father of the petitioner from "Prahladsinh" to "Pankajsinh" in her passport bearing No.N8523233.
3.1 It is the case of the petitioner that the petitioner was born on 10.12.1996 and at the time of entry in the Birth Certificate, the name of the father was given as "Prahladsinh" as he was also known as Prahladsinh amongst his relatives and friends; however, the real name of the father of the petitioner is "Pankajsinh" and not "Prahladsinh". The Birth Certificate of the petitioner carried the name of father as "Prahladsinh" and that is how an application was made for correction of name in the Birth Certificate and after correcting the name, a new Birth Certificate was issued to the Page 1 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022 C/SCA/10727/2021 ORDER DATED: 08/12/2021 petitioner whereby, the name of the father of the petitioner has been mentioned as "Pankajsinh". It is submitted that the real name of the father of the petitioner is "Pankajsinh" and Prahladsinh was the nick name and that is how there are no records available containing the name as Prahladsinh. That all the public documents, issued in the name of the petitioner, carry the name of the father of the petitioner as "Pankajsinh" and not Prahladsinh.
3.2 Mr.Anvesh Vyas, learned advocate submitted that in the past, the passport was issued to the petitioner, she being a minor with a validity of 5 years, and subsequently also passport was issued to the petitioner, on the basis of the old Birth Certificate. It is submitted that a new Birth Certificate has now been issued indicating the name of the father of the petitioner as "Pankajsinh".
3.3 Reliance is placed on the order passed by the co-ordinate Bench in the writ petition being Special Civil Application No.2675 of 2016 to contend that in the identical case, this Court, while disposing of the writ petition has directed the respondent to carry out necessary changes in the name of the father. It is therefore urged that similar order be passed.
4. Mr.Kshitij Amin, learned Central Government Standing Counsel, has submitted that in the present case, the petitioner has not submitted any application; however, if any application is submitted by the petitioner together with all the documents produced on the record, the same will be considered in tune with the provisions of the Passport Act, 1967 (hereinafter referred to as the "Act of 1967") so also the Notification/Circular dated 29.10.2007 issued by the Ministry of External Affairs.
5. Heard the learned advocates appearing for the respective parties.
6. The grievance of the petitioner is to the effect that the actual Page 2 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022 C/SCA/10727/2021 ORDER DATED: 08/12/2021 name of her father is "Pankajsinh" and not Prahladsinh; however, owing to the fact that her father was also known as Prahladsinh, in the previous Birth Certificate issued, the name of the father of the petitioner was mentioned as Prahladsinh. However, subsequently, necessary steps were taken by the petitioner for correcting the name in the Birth Certificate and that is how a fresh Birth Certificate has been issued to the petitioner indicating the name of the father of the petitioner as "Pankajsinh". Further, the name of the father of the petitioner has also been applied for change in the Gujarat Government Gazette and necessary correction has been carried out in the Gujarat Government Gazette dated 13.07.2017, wherein, at Serial No.100, the name has been changed from "Jadeja Prahladsinh Bachubha" to "Jadeja Pankajsinh Bachubha".
7. Reliance has been placed on the judgment in the case of Brijesh Sureshkumar Patel v. Regional Passport Officer passed in Special Civil Application No.2675 of 2016 wherein, this Court, while referring to the judgment rendered by the Division Bench in the case of Regional Passport Officer Vs. Kokilaben W/o. Jaswantlal Panchal reported in 2009 (2) GLR 1246, has allowed the writ petition directing the petitioner therein to produce necessary authentic documents to Regional Passport Officer showing the correct name of father and the concerned respondent authority has been directed to decide the application. Paragraphs 7 and 8 of the judgment, read thus:
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 Page 3 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022 C/SCA/10727/2021 ORDER DATED: 08/12/2021 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 tothe 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.
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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, 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 Page 5 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022 C/SCA/10727/2021 ORDER DATED: 08/12/2021 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 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 Page 6 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022 C/SCA/10727/2021 ORDER DATED: 08/12/2021 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 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."
8. In view of the aforementioned discussion and in peculiar facts of the case, the ends of justice would meet, if the petitioner is directed to make an application with all supporting documents, placed on the record of the captioned writ petition and the respondent is directed to decide the same in conformity with the provisions of the Act of 1967 read with Notification/Circular dated 29.10.2007; which, permits the correction of mistakes in the entry of the passport.
9. Under the circumstances, the petitioner is directed to make an application to the Regional Passport Officer along with all supporting documents placed on the record of the captioned writ petition and the respondent authority, shall consider the documents so submitted and decide the application of the petitioner preferably within a period of 8 weeks from the date of the receipt of the application.
10. With the aforesaid observations and directions, the captioned writ petition stands disposed of. Rule is made absolute to the aforesaid extent. No order as to costs.
11. Direct service is permitted.
(SANGEETA K. VISHEN, J) RAVI P. PATEL Page 7 of 7 Downloaded on : Wed Jan 12 08:21:28 IST 2022