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DELHI HIGH COURT
PRATHIBA M.SINGH
Abhinav Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. change of birth date requires verification. (Para 2 , 3 , 4) |
| 2. verification confirmation supports petitioner's claim. (Para 5) |
| 3. guidelines for processing change of birth date. (Para 6 , 7) |
| 4. insistence on letter specifics seen as hindrance. (Para 8) |
| 5. issuance of new passport directed. (Para 9) |
| 6. petition disposed with instructions. (Para 10) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--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
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 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 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 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.
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 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.
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