The court's decision was influenced by the legal provisions outlined in circular No. Vl/401/2/5/2001, which allows for the amendment of date of birth in the passport within a reasonable period of time.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

2. The Petitioner in the present case was born in the Military Hospital, Jalandhar Cantt., on 27th October, 1994. However, for unknown reasons, the Chief Registrar, Births and Deaths, Punjab, Chandigarh had recorded her date of birth as 17th December, 1994, in her birth certificate. The passport of the Petitioner was accordingly issued with the date of birth recorded as 17th December, 1994, though, it is the case of the Petitioner that in all her other documents, the correct date of birth is recorded as 27th October, 1994.

3. The passport of the Petitioner was issued to her way back in 2005, when she was a minor. However, since the Petitioner never required to travel abroad, no attempt was made by her to get the date of birth corrected.

4. In June, 2020, Petitioner was refused permission to appear in an examination for studies abroad, due to a mismatch in the date of birth in her passport and other documents, which is when she realised that the date of birth in her passport needs to be corrected. She then requested the Regional Passport Office, Bhikaji Cama Place, Hudco Trikoot-S, R. K. Puram, New Delhi-110066 (hereinafter 'Passport Office'), repeatedly, to correct the date of birth on her passport and also made attempts to get her birth certificate corrected. However, the said request and representations were to no avail and therefore, she filed the present petition seeking amendment to date of birth in her passport.

5. The counter affidavit has been filed on behalf of the Passport Office wherein, it is clearly verified by the Military Hospital, Jalandhar Cantt., that her date of birth is 27th October, 1994. The relevant extract of the counter affidavit is set out below:

"xxx

4. That it is submitted that a Reply dated 31.08.2020 from the Office of the Cantonment Board, Jalandhar Cantt. has been received wherein it is stated that entry made in the certificate i.e. entry of date of birth as 17th December, 1994, with registration date 30.12.1994 bearing Reg. No.1701 is in order as per their record. On the other hand, reply dated 12.08.2020 from the Military Hospital has also been received which confirm the date of birth of the applicant as 27.10.1994."

6. The impediment that the Passport Office is stated to be facing is that whenever there is a change of date of birth to be implemented, it requires a physical verification of the cancelled birth certificate and an inspection of the fresh birth certificate by the issuing authority in terms of Chapter 3, Clause 6.3(b) of the Compendium of Instructions/Guidelines Relating to Issue of Passports in India/Abroad (hereinafter 'Guidelines').

7. Mr. Aggarwal, ld. counsel for the Petitioner submits that the date of birth has been clearly verified by the Military Hospital, Jalandhar Cantt. and therefore, the Passport Office ought to be directed to amend the same.

8. Mr. Sahu, ld. counsel appearing for the Military Hospital, Jalandhar Cantt., as also for the Passport Office, submits that the confirmation has been received from the said hospital about the date of birth.

9. As per circular bearing No. Vl/401/2/5/2001, dated 26th November, 2015, issued by the Ministry of External Affairs, relied upon by the Petitioner, upon attaining majority, the date of birth can be amended. The relevant guideline reads:

(i) 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 or five (5) years from the date of issue of passport having the alleged wrong date of birth, with the birth certificate issued by the Registrar of Births & Deaths stating that the date of birth recorded in the passport was based on the entries mentioned documents other than the Birth Certificate, the request of such an applicant irrespective of the difference in the dates of birth, may be considered by the Passport Issuing Authority. However, before the issuance of passport with changed d