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Documents citing Swapna Siju vs Union Of India on 21 December, 2009

Niaz Yousuf vs Union Of India on 13 February, 2014

The petitioner has averred that when he applied for a fresh passport showing his date of birth as 16.2.1982, which according to the petitioner is his correct date of birth, the third respondent after verification of the documents produced by the petitioner held that the petitioner had suppressed the fact that he was earlier issued a passport with a different date of birth and thereupon levied the sum of Rs.2000/- as penalty. The writ petition proceeds to state that though the said amount was paid, the W.P.(C) No.5758/2014 2 application for passport was not considered and instead, the petitioner was asked to produce a certificate issued by the Registrar of Births and Deaths to prove his date of birth. In this writ petition, the petitioner prays for a writ in the nature of mandamus commanding respondents 2 and 3 to consider his application for a fresh passport without insisting on the production of a birth certificate issued by the competent authority. Reliance is placed on the circular dated 29.10.1997 issued by the Government of India, Ministry of External Affairs and the decision of this Court in Swapna Siju v. Union of India and Another (2012 (4) KLT 419) to contend that in the case of those applicants who were born before 26.1.1989 it is not necessary to produce an extract from the register of Births and Deaths and that reliance can be placed on the school records.
Kerala High Court Cites 2 - Cited by 0 - P N Ravindran - Full Document

Michael A.F vs P.M.Ashok Kumar on 13 November, 2014

(iv) Another judgment relied upon is Nazar v. Union of India (2013 (4) KLT 34), in which the learned Single Judge of this Court relied upon another judgment in Swapna Siju v. Union of India (2012 (4) KLT 419) and reiterated the position that in the absence of the extract of register of births and the birth certificate issued by the competent authority in respect of a person born before 26/1/1989, an extract of the school admission register can be relied upon by the Passport Officer for the purpose of making changes in the entries in the passport.
Kerala High Court Cites 10 - Cited by 1 - A Shaffique - Full Document

Jayakumar vs The Regional Passport Officer on 13 March, 2015

8. The binding precedent often referred to is Swapna Siju v. Union of India [2012 (4) KLT 419], wherein the petitioner was concerned with the issuance of a new Passport. Swapna Siju had an earlier Passport issued on 23.04.1983, when she was a minor. Her date of birth was shown as 29.04.1974 in the said Passport. The same had not been renewed and it stood expired. On 30.03.2009, under Tatkal Scheme, Swapna Siju applied for a new Passport and also enclosed along with the application documents to evidence her date of birth as 29.04.1975. On the PIA seeking clarification, it was submitted by the applicant that the earlier Passport was issued at the time when she was a minor and since her parents were abroad, her uncle had written the date of birth wrongly as 29.04.1974. The issue therein was with respect to the variance of the date of birth and not a correction as such to an existing Passport. The afore-cited Circular was referred to and the amendments brought in thereon also. This Court noticed that the various Circulars WP(C).No.9073 of 2015-H & - 7 - connected cases.
Kerala High Court Cites 19 - Cited by 0 - K V Chandran - Full Document

Jayakumar vs The Regional Passport Officer on 13 March, 2015

8. The binding precedent often referred to is Swapna Siju v. Union of India [2012 (4) KLT 419], wherein the petitioner was concerned with the issuance of a new Passport. Swapna Siju had an earlier Passport issued on 23.04.1983, when she was a minor. Her date of birth was shown as 29.04.1974 in the said Passport. The same had not been renewed and it stood expired. On 30.03.2009, under Tatkal Scheme, Swapna Siju applied for a new Passport and also enclosed along with the application documents to evidence her date of birth as 29.04.1975. On the PIA seeking clarification, it was submitted by the applicant that the earlier Passport was issued at the time when she was a minor and since her parents were abroad, her uncle had written the date of birth wrongly as 29.04.1974. The issue therein was with respect to the variance of the date of birth and not a correction as such to an existing Passport. The afore-cited Circular was referred to and the amendments brought in thereon also. This Court noticed that the various Circulars WP(C).No.9073 of 2015-H & - 7 - connected cases.
Kerala High Court Cites 19 - Cited by 17 - K V Chandran - Full Document

Nissar Vellakkadaparambil Hamza vs The Secretary on 28 February, 2014

3. The learned counsel for the petitioner, on the other hand, submits that there is absolutely no reason for the respondents to insist for the documents as aforesaid and that in the cases of applicants, who were born prior to 1989, school records are more than sufficient, as held by this Court in Swapna Siju v. Union of India ( 2012 ( 4) KLT 419). The Birth Certificate issued by the concerned authority need not be the sole basis for the correction of date of birth of the person born before 26/1/1989.
Kerala High Court Cites 4 - Cited by 0 - P R Menon - Full Document

Nazar vs Union Of India on 27 March, 2014

In the case between Swapna Siju v. Union of India reported in 2012(4) KLT 419, this Court in paragraphs 7 and 8 held that in view of the Circulars issued by the Government of India in the Ministry of External Affairs that in the case of applicants who are born before 26.1.1989, it is not necessary to produce an extract from the Register of Births, generally called the birth certificate, to prove the date of birth of the applicant and that the circulars also confer power on the Passport Issuing Authority with the discretionary power to correct the date of birth in a passport where he or she is satisfied with reference to the birth certificate of the school records that the earlier entry was mistakenly made. The circular also notices that the mistake regarding the date of birth might have been committed either by the applicant himself or by the Passport Issuing Authority and that in the case of applicants born before 26.1.1989, the Secondary School Leaving Certificate is a document which can be relied on to prove the date of birth and as the original of the Secondary School W.P.(C) No.7748/2014 7 Leaving Certificate was available for examination if necessary by the Passport Issuing Authority, it was held by this Court therein that the Passport Issuing Authority should have acted on the entry regarding the date of birth in the Secondary School Leaving Certificate and issued a passport to the petitioner therein showing the date of birth on the basis of the above said Secondary School Leaving Certificate.
Kerala High Court Cites 3 - Cited by 0 - A Thomas - Full Document

Abdul Jaleel Mecheeri vs The Passport Officer on 31 March, 2014

2. The learned counsel for the petitioner relies upon the judgment of this Court in Swapna Siju vs. Union of India (2012 (4) KLT 419), wherein it was held that to prove the date of birth, SSLC book of an applicant born before 26/01/1989 can W.P.C.No.8360 OF 2014 2 be relied on. The learned Counsel for the petitioner also seeks to rely on the Circular No.VI/401/2/5/2001 dated 29.10.2007 issued by the Ministry of External Affairs. The relevant clause is extracted below:
Kerala High Court Cites 1 - Cited by 0 - P R Menon - Full Document
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