The court emphasized the importance of following the Ministry of External Affairs Guidelines and the Compendium of Instructions/Guidelines Relating to Issue of Passports in India/Abroad in processing applications for a change of date of birth in passports.

JUDGMENT

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

2. Despite the judgment of this Court in Sunita Sawhney v. Union of India [WP(C) 10839/2015, decided on 3rd December, 2015], wherein this Court has clearly observed that for change of date of birth, the passport office ought to accept the birth certificate, the filing of writ petitions seeking the change of date of birth does not seem to abate.

3. In the present case, the Petitioner had his old passport bearing No. F2934532 issued to him on 17th March, 2005, with validity period up to 16th March, 2010, when he was a minor. In the said passport, his date of birth was recorded as 18th August, 1997. In March/April, 2019, the Petitioner applied for issuance of a new passport wherein he gave his date of birth as 18th February, 1998. In the said application he is stated to have not disclosed his previous passport. Since the date of birth was different in the new application, he was, asked to provide his birth certificate with the said date of birth. The Petitioner provided his birth certificate, as issued by the Nagar Palika Parishad, Muzzaffarnagar, which reflected the names of his parents and his date of birth as 18th February, 1998. At that stage, the Regional Passport Office (hereinafter, 'RPO') sought to verify the said birth certificate from the Nagar Palika Parishad, Muzzaffarnagar and received two letters. The first letter was of November, 2019, by which the Nagar Palika Parishad, Muzzaffarnagar verified the name of the Petitioner, his parentage as also his date of birth. The cancellation of the earlier birth certificate was confirmed on 24th December, 2019. Both letters are set out herein-below:

Letter/SWAo-Vo/2019-20

Dated /11/2019

Subject- WITH REGARD TO

VERIFICATION OF DATE OF BIRTH

"In above matter and with regard to your office letter No. D.L.1063735088819 dated 06.11.2019 it is inform that the Date of Birth verification about Abhinav Sharma son of Arun Kumar Sharma 238 Brahmpuri Muzaffarnagar received. Which is registered on registration no. 13221/04.11.19 dated 05.11.2019. In which the name of child is Abhinav Sharma son of Shri Arun Kumar Sharma and mother name is Sudha Sharma and date of birth is 18.02.1998. The above date of birth certificate is issued by the Nagar Palika Parishad, Muzaffarnagar. The above birth certificate is hereby verified."

Letter: 748/SWAo-Vo/2019-20

Dated: 24/12/2019

Subject- in relation to cancellation of birth certificate of Abhinav Sharma (in answer to letter Ref No. DL 106375088819)

"In above matter it is inform that Abhinav Sharma son of Arun Kumar Sharma 238 Brahmpuri Muzaffarnagar pin code 251001 whose date of birth dated 18.08.1997 is registered on registration no. 02 dated 22.12.2004, is cancelled on the application of the applicant after verifying all the evidence produced by the applicant from the record of the birth and death nagar palika parishad Muzaffarnagar."

4. The objection of the RPO was that the cancellation and the confirmation ought to have been reflected in the same letter. Another objection was that the birth certificate was a new birth certificate and the date of registration was not matching.

5. This Court has perused the documents on record. Clearly, the RPO has received a confirmation from the Nagar Palika Parishad, Muzzaffarnagar informing the date of birth of the Petitioner as 18th February, 1998. The cancellation of the earlier birth certificate has also been confirmed by the Nagar Palika Parishad, Muzzaffarnagar.

6. Despite repeated representations, the RPO has not issued a passport to the Petitioner. Ld. counsel for the Respondent relies upon the Office Memorandum dated 26th November, 2015 issued by the Ministry of External Affairs for change of date of birth. The relevant extract of the same reads as under:

"(ii) If an applicant applies for the change of date of birth in the passport within a reasonable period of time i.e. within a span of five (5) years from th