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 documentation.

Headnote:(A) Passport Act, 1967 - Change of date of birth in passport - Requirement for issuance of new passport upon change of date of birth - Judicial precedent set in Sunita Sawhney v. Union of India, relating to acceptance of birth certificates for such changes. (Para 2)

(B) Administrative guidelines by Passport Authority regarding change of date of birth must be interpreted flexibly to ensure facilitation rather than hindrance in the passport issuance process. (Paras 6-8)

Facts of the case:
The Petitioner sought to change his date of birth from 18th August, 1997, to 18th February, 1998, based on a newly issued birth certificate from Nagar Palika Parishad, which canceled the previous certificate. The Regional Passport Office expressed objections towards processing the application due to documentation concerns.

Findings of Court:
The Petitioner’s request for a new passport is justified based on verified birth details from competent authority. The court mandated the RPO to issue the passport within two weeks.

Issues: The court addressed the legitimacy of requiring simultaneous confirmation and cancellation of birth certificates by the RPO.

Ratio Decidendi: The court emphasized that administrative requirements for document verification in passport issuance should not obstruct genuine requests, especially those backed by authenticated certificates.

Result: The application for a fresh passport shall be processed and issued within two weeks.

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 as 18th February, 1998. In the said application he is stated to have not disclosed his previous passport. Since the date of birth was different in the new application, he was, asked to provide his birth certificate with the said date of birth. The Petitioner provided his birth certificate, as issued by the Nagar Palika Parishad, Muzzaffarnagar, which reflected the names of his parents and his date of birth as 18th February, 1998. At that stage, the Regional Passport Office (hereinafter, `RPO') sought to verify the said birth certificate from the Nagar Palika Parishad, Muzzaffarnagar and received two letters. The first letter was of November, 2019, by which the Nagar Palika Parishad, Muzzaffarnagar verified the name of the Petitioner, his parentage as also his date of birth. The cancellation of the earlier birth certificate was confirmed on 24th December, 2019. Both letters are set out herein-below:

Letter/SWAo-Vo/2019-20

Dated/11/2019

Subject-WITH REGARD TO VERIFICATION OF DATE OF BIRTH

"In above matter and with regard to your office letter No. D.L.1063735088819 dated 06.11.2019 it is inform that the Date of Birth verification about Abhinav Sharma son of Arun Kumar Sharma 238 Brahmpuri Muzaffarnagar received. Which is registered on registration no. 13221/04.11.19 dated 05.11.2019. In which the name of child is Abhinav Sharma son of Shri Arun Kumar Sharma and mother name is Sudha Sharma and date of birth is 18.02.1998. The above date of birth certificate is issued by the Nagar Palika Parishad, Muzaffarnagar. The above birth certificate is hereby verified."

Letter: 748/SWAo-Vo/2019-20

Dated: 24/12/2019

Subject-in relation to cancellation of birth certificate of Abhinav Sharma (in answer to letter Ref No. DL 106375088819)

"In above matter it is inform that Abhinav Sharma son of Arun Kumar Sharma 238 Brahmpuri Muzaffarnagar pin code 251001 whose date of birth dated 18.08.1997 is registered on registration no. 02 dated 22.12.2004, is cancelled on the application of the applicant after verifying all the evidence produced by the applicant from the record of the birth and death nagar palika parishad Muzaffarnagar."

4. The objection of the RPO was that the cancellation and the confirmation ought to have been reflected in the same letter. Another objection was that the birth certificate was a new birth certificate and the date of registration was not matching.

5. This Court has perused the documents on record. Clearly, the RPO has received a confirmation from the Nagar Palika Parishad, Muzzaffarnagar informing the date of birth of the Petitioner as 18th February, 1998. The cancellation of the earlier birth certificate has also been confirmed by the Nagar Palika Parishad, Muzzaffarnagar.

6. Despite repeated representations, the RPO has not issued a passp

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