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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Nishant Singhal – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 5388 of 2022
Decided On : 18-07-2023
Date of Birth - Passport Renewal - Passports Act, 1967, Section 11 - Office Memorandum No. VI/401/2/5/2021 - The court discussed the Passports Act, 1967, Section 11 and the Office Memorandum No. VI/401/2/5/2021, which provides guidelines for change/correction of dates of birth entries in a passport of an applicant already held by him/her. The court highlighted the legal provisions and their interpretations, emphasizing 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 also emphasized that every citizen has a legal right to hold a passport and the right can be taken away only in accordance with the law.
Fact of the Case:
The Petitioner sought to change the Date of Birth in his passport from 16.01.2003 to 16.07.2003. The Passport Authority rejected the request, citing that the original birth certificate was issued before the alleged date of birth. The Petitioner appealed the decision, arguing that the new Birth Certificate and other documents supported the change.
Finding of the Court:
The court found that the Passport Authority's rejection was not valid as it disregarded the valid documents submitted by the Petitioner and made a decision based on mere apprehension. The court also found that the Passport Authority was not the appropriate statutory authority to hold that the change in date of birth was invalid.
Issues: The issues revolved around the validity of the Petitioner's request to change the Date of Birth in the passport, the authority of the Passport Authority to make such decisions, and the proper procedure for issuing and renewing passports.
Ratio Decidendi: The court held 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 that every citizen has a legal right to hold a passport and the right can be taken away only in accordance with the law.
Final Decision: The court set aside the impugned order and directed the Passport Authority to issue a fresh passport to the Petitioner with the correct Date of Birth as 16.07.2003 in accordance with the government documents produced by him, in accordance with the law.
JUDGMENT
1. The present writ petition has been filed by the Petitioner under Article 226 of the Constitution of India seeking quashing of the Order dated 27.02.2020 issued by the JS (PSP) & CPO Appellate Authority, Patiala House, New Delhi in Appeal No. VIII/402/App-176/2019, whereby the Learned Court upheld the order dated 07.11.2019 passed by the Passport Officer who rejected the request of change in Date of Birth in the petitioner's passport.
2. The Appellate Authority in its Order dated 27.02.2020 held that the appellant therein, who is the Petitioner before this Court, had obtained a passport which was renewed twice while being a minor, with the same Date of Birth 16.01.2003 as reflected on Birth Certificate dated 11.02.2003. It was observed that after the second renewal, the Petitioner was issued a new Birth Certificate dated 02.07.2007 with Date of Birth as 16.07.2003. The impugned order further noted that the Birth Certificate dated 11.02.2003 was apparently issued even before the birth of the Petitioner and hence, the request by the Petitioner for change of Date of Birth to 16.07.2003 is not bona fide and thereby the request of the Petitioner was rejected.
3. Shorn of unnecessary details, the facts of the present case are as follows:
4. It is the case of the Petitioner that while the Petitioner herein was a minor, his parents got him issued a passport bearing no. F5283651 dated 20.12.2005 with his Date of Birth shown as 16.01.2003 on the basis of a birth certificate dated 11.02.2003 bearing registration no.488. Subsequently, realising the mistake in the Date of Birth in the Birth Certificate dated 11.02.2003, the parents of the Petitioner in the year 2007 approached the Registrar of Birth and Death, Nagar Nigam, Meerut, Uttar Pradesh and got the Date of Birth changed to 16.07.2003 and new Birth Certificate dated 02.07.2007, bearing registration no.6374 was issued.
5. The passport of the Petitioner, whilst he was a minor got renewed twice on an application made by the parents bearing passport no. J-1544493 dated 07/06/2010 and renewed vide passport bearing no. M-3003555 dated 17/10/2014. Thereafter on 11.06.2019, the Petitioner applied to the office of Regional Passport Office, Ghaziabad, U.P. for renewal of his passport by endorsing his correct date of birth as 16.07.2003, wherein reference was made to his Senior School Certificate, Aadhaar Card, certificate of cancellation of old Birth Certificate and valid new Birth Certificate issued by the Registrar, Nagar Nigam, Meerut.
6. The application for change of Date of Birth in the Regional Passport Office was rejected by the Regional Passport Officer vide order dated 07.11.2019 by holding in para 3 of the order as under:
"The birth certificate used to obtain the first/previous passport was issued even before the new date of birth claimed by the applicant (Obviously the old birth certificate was in existence before the new date of birth of the applicant). Thus, the claim for correction/change in the date of birth seems not genuine/bona fide. Therefore, request for correct/change of date of birth may not be considered at this stage. However, if you desire to obtain passport as peer date of birth recorded in your first/previous passport you may visit this office at any working day after prior appointment."
7. Aggrieved by the Order dated 07.11.2019 passed by the Regional Passport Office, the Petitioner preferred an appeal dated 26/11/2019 under Section 11 of the Passports Act, 1967, before the Appellate Authority, Joint Secretary (PSP) & Chief Passport Officer, Patiala House Annexe, Ministry of External Affairs, New Delhi, which came to be rejected vide the impugned order herein dated 27.02.2020.
8. Material on record shows that considering the Petitioner's date of birth as 16.07.2003, he has attained majority on 16.07.2021, whereafter this petition came to be filed by him challenging the impugned order.
9. Notice was issued in the present writ petition by this cour
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 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 court held that the denial of a citizen's right to correct their date of birth in their passport constitutes a violation of fundamental rights, mandating adherence to circulars governing such cor....
Passport Authorities are authorized to require a Birth Certificate for rectifying a date of birth in a passport, as per applicable Office Memorandum.
Delay in seeking correction of date of birth in a passport cannot be the sole reason for refusal when there is proof of the correct date of birth.
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