Passport authorities have the jurisdiction and authority to make necessary corrections in case a wrong entry has been made, and a declaratory order from a First Class Judicial Magistrate is not necessary for changing the date of birth in a passport.

1. Petitioner wants to change his date of birth as recorded in his passport from 15th August, 1950 to 15th August, 1953. This is peculiar as the petitioner had thought and had asked for change of his date of birth, allegedly on the basis of school certificate of Vth Class, after he has already retired from service. It is not possible to decipher what advantage the petitioner may gain by changing his date of birth. However, I need not go into the said aspect in detail, as the only question involved in the present writ petition is whether the respondents can consider and examine the request of the petitioner for change of date of birth as recorded in his passport.

2.The respondents in the counter affidavit have relied upon 29th

Circulars dated 18th April, 2001 and October, 2007. Relevant portions of the said Circulars read as under:-

Circular dated 18.04.2001 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 resulting in conflicting sources of valid proof, the PIA should direct the applicant to obtain a civil order from a competent court of jurisdiction, certifying the valid date of birth/place Circular dated 29.10.2007 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

3. Date of birth is recorded in the passport of the petitioner on the basis of his school leaving certificate. Therefore the said clauses of the

Circular will apply. In terms of the said Circulars, the respondents are insisting upon declaratory order from a First Class Judicial Magistrate to

effect the change as per Passport Manual, 2001.

4. A similar controversy has arisen before the Bombay High Court in the case of Jigar Harish Shah versus Union of India AIR 2001

Bom. 60. Bombay High Court dissented from the view taken by the Kerala High Court and held that in view of Section 21 of the General Clauses Act, the Passport authorities have requisite jurisdiction and authority to make necessary corrections in case a wrong entry has

been made. Accordingly, it was observed as under:-

provisions of S.21 of the General Clauses Act have been brought to our notice and when we see that correction in the Passport in relation to the entries therein including in relation to the date of birth can be made by the Passport authority itself having regard to the provisions of S.21 of the General Clauses Act, we do not feel it proper to refer the matter to the Judicial magistrate whose Courts, we are aware, are already overburdened and further in particular when the Judicial magistrates have not been conferred with such a jurisdiction under any law. We, therefore, instead of issuing a direction to the Judicial Magistrate in this matter, direct the Passport Authority itself to hold an enquiry on hearing the petitioner in correct date of birth and in case the Passport Authority is satisfied with regard to the claim put forth by the petitioner, we further order it to effect the necessary change in the Passport issued in favour of the petitioner. Petition is allowed in the abo