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PRATHIBA M. SINGH
Deep Chandra Harbola – Appellant
Versus
Union Of India – Respondent
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 o
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.
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