Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M.Singh, J.
Deep Chandra Harbola - Appellant
Versus
Union Of India & Anr. - Respondents
W.P. (C) No. 6171 of 2020
Decided On : 02-02-2021
Passport - Amendment of Place of Birth - Registration of Births and Deaths Act, 1969 - [Registration of Births and Deaths Act, 1969] - The court discussed the guidelines for change/correction of place of birth in passports and the relevance of birth certificates issued under the Act. The court relied on previous judgments to establish that the genuineness of the birth certificate should be the primary consideration for allowing changes in the place of birth on the passport.
Fact of the Case:
The Petitioner sought directions for amending the place of birth in his passport, which was initially issued with an incorrect place of birth. The Petitioner had applied for correction with a birth certificate, but the authorities refused to make the amendment.
Finding of the Court:
The court found that the Petitioner's request for change of place of birth should be examined by the passport authority, and the Petitioner was permitted to apply for a fresh passport with the correct place of birth in accordance with the birth certificate.
Issues: The main issue was the refusal of the passport authorities to change the place of birth in the Petitioner's passport, despite the submission of a birth certificate issued under the Registration of Births and Deaths Act, 1969.
Ratio Decidendi: The court established that the genuineness of the birth certificate should be the primary consideration for allowing changes in the place of birth on the passport, and the same principle applicable to the change in place of birth as for the change in date of birth.
Final Decision: The Petitioner was permitted to apply for a fresh passport with the correct place of birth, and the authorities were entitled to verify the genuineness and accuracy of the documents.
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).
2. The Petitioner has filed this petition seeing directions for amending the place of birth in his passport, issued by the Regional Passport Office, Delhi.
3. The Petitioner is the holder of the passport bearing No. H9634228, which is valid from 22 nd March, 2010 to 21st March, 2020. At the time when he had applied for his passport, the said passport was issued with his place of birth being shown as 'Delhi'. The case of the Petitioner is that he did not realise that there was a mistake in the place of birth mentioned in the passport. Sometime in 2013, when the Petitioner is stated to have decided to travel abroad for the first time, he realised that the place of birth on his passport was incorrect. The Petitioner applied on 28th June 2013, seeking correction of his place of birth in the passport, before the Regional Passport Office, Delhi, however he was asked to produce a birth certificate under Registration of Births and Deaths Act, 1969, from the place he was born. Thereafter, the Petitioner re-applied for the issue of the said passport with the rectified place of birth on 26th November 2015, on the strength of the birth certificate issued by the Office of the Registrar of Births and Death, Department of Medical Health and Family Welfare, Government of Uttaranchal on 9th June 2014. The passport authorities, however, have refused to change the place of birth of the Petitioner vide letter dated 29th December, 2016, without giving any reasons for the same. Hence the present petition has been filed.
4. Ld. counsel for the Petitioner, in his submissions, relies upon the birth certificate of the Petitioner issued on 9th June, 2014 by the Office of the Registrar of Births and Death, Department of Medical Health and Family Welfare, Government of Uttaranchal, which shows the Petitioner's place of birth as "Kargona of Tahsil/Block Bhikiyashen of District Almora of State/Union territory Uttarakhand." He submits that the Petitioner has never travelled using the passport which had the wrong place of birth. Ld. counsel further submits that the Petitioner, being a High Court employee, had mentioned his correct place of birth in his employment application to the High Court. He submits that since only an inadvertent error has taken place, the same ought to be allowed to be rectified. Ld. counsel finally submits that an affidavit dated 7th January 2016, in terms of the demand of the passport authorities, confirming the correct place of birth, was also filed with the passport authorities, however, the concerned passport authority refused to amend the said passport on the ground that the Ministry of External Affairs' order does not permit a change in place of birth on the passport. He relies upon two judgments of this court in :
i) Sunita Sawhney v. Union of India (WP(C) 10839/2015, decided on 3 rd December, 2015)
ii) Nisha Kamboj v. Regional Passport Officer, Delhi (10789/2015, decided on 11th February, 2016)
5. Mr. Awadhesh Kumar Singh, ld. counsel appearing for the Respondents, submits that counter affidavit has been filed. As per the said counter affidavit, the stand of the passport authorities is that once information is submitted with the said authority, the applicant confirms the accuracy of the said information and thus, applicants cannot be allowed to continuously keep changing the said information. It is the Respondents case that there was no justification for giving the wrong place of birth initially itself.
6. Heard ld. counsels for the parties. The Passport Authority, appears to have relied upon the office memorandum dated 26th November, 2015, issued by the CPV division, Ministry of External Affairs, prescribing guidelines with regard to change/ correction of dates of birth in passports already held by applicants. As per the said guidelines, clerical/technical mistakes in passports, including that of "place of birth" can be per
AI
The genuineness of the birth certificate should be the primary consideration for allowing changes in the place of birth on the passport.
Passport authorities must allow corrections to personal details based on valid birth certificates, regardless of delay, if genuineness is established, ensuring administrative fairness.
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.
The date of birth in a passport must match the individual's birth certificate; correction requests are valid if genuineness of supporting documents is established.
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....
The date of birth in a passport must match the birth certificate, allowing rectification if genuineness is not disputed.
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....
The court mandates that administrative guidelines for passport issuance regarding date of birth changes must facilitate processing and prevent unnecessary hindrances to applicants with verified docum....
The court held that a verified date of birth by a legitimate institution overrides discrepancies in official documents when correcting passport details for a minor who has attained majority.
Passport Authorities are authorized to require a Birth Certificate for rectifying a date of birth in a passport, as per applicable Office Memorandum.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
