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2021 Supreme(Del) 1640

PRATHIBA M. SINGH
Rahul Nepal – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Nitin K Gupta, Advocate, Naveen Dabas, Advocate, Pushkar Aryal, Advocate, N.K. Srivastava, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).

2. The Petitioner has approached this Court seeking to change the date of birth in his passport, which was rejected by the Regional Passport Office, Delhi (hereinafter, 'RPO').

3. The case of the Petitioner is that passport bearing No.H6638919 was issued to him on 17th September, 2009, which was valid till 16th September, 2019. While applying for the passport, he had submitted his 10th Standard certificate, which was issued by the CBSE, wherein his date of birth is 15th April, 1971. Recently, while applying for a US Visa, he realized that his date of birth has wrongly been recorded in the passport. His birth certificate, issued by the North MCD, reflects his date of birth as 15th August, 1970. The RPO has, however, refused to accept his request for change of date of birth on the ground that the Petitioner has utilized his passport with his date of birth as 15th April, 1971. The reasoning given by the Passport Office is as under:

    "2. Prima facie, 1st passport i.e. passport bearing number A4744422 dated 06/03/1998 valid up to 05/03/2008 was issued to the applicant with date of

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