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SABYASACHI BHATTACHARYYA
Ambalika Banerjee – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioner contends that she was born in the year 1959 and not 1964. In the original passport granted to her and the re-issued passport, it is contended, the year of birth was erroneously depicted as 1964, whereas it should be 1959. It is submitted that the petitioner had initially produced several documents, including PAN Card, Aadhaar Card and Voters’ Identity Card, which carried the wrong date of birth. Subsequently, those documents have been rectified and the petitioner produced the corrected documents before the authorities.
2. However, the Passport Authorities are insisting upon production of the Birth Certificate of the petitioner, which the petitioner does not have. It is argued that since the Passport Authorities initially acted on other documents than the Birth Certificate, when the same documents have been rectified and were produced by the petitioner, the Passport Authorities have acted without jurisdiction in refusing to rectify the date of birth of the petitioner.
3. Learned counsel cites the judgmentsof two learned Single Judges of different High Courts. In the first, in the matter of Simran Raj @ Salma Nat vs. Union of Indi
Passport Authorities are authorized to require a Birth Certificate for rectifying a date of birth in a passport, as per applicable Office Memorandum.
Passport date of birth correction permissible based on Aadhaar/PAN cards per govt guidelines, subject to verification.
The main legal point established in the judgment is that the Passport Authority cannot make a roving enquiry on its own and is not competent to decide the veracity of Date of Birth. It emphasized tha....
Correction of date of birth in a passport should be allowed on production of a birth certificate, and no application for change of date of birth inconsistent with the birth certificate can be enterta....
Passport date of birth correction mandated based on Aadhaar and PAN as valid identity proofs per guidelines.
The court established that birth certificates must take precedence in correcting passport date of birth entries, regardless of prior inaccuracies or delays in the application process.
Passport corrections must consider the statutory documents and applicable office memoranda.
The date of birth in a passport must match the birth certificate, allowing rectification if genuineness is not disputed.
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