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2006 Supreme(Guj) 145

Gujarat High Court
Judgename :M.R.SHAH
Kokilaben - Appellant
Versus
Regional Passport Officer - Respondent
SPECIAL CIVIL APPLICATION 2716 of 2006
Decided On : 02/24/2006

Advocates Appeared: J.M.MALKAN, M.A.SHAIKH, Murali N.Devnani

Headnote:

Civil Court – Employment and service - Births and Deaths Registration Act, 1969 - Constitution of India,1950 - Article 226 - Leaving Certificate issued - Competent authority - School Authority there is discrepancy - Counsel for Central Government waive service of rule on behalf of respective respondents in respective petition with consent of advocates for respective parties all these matters are taken up for final hearing today - Petitioners in respective petition are either already having passport issued by respondent authority and/or they have applied for fresh passport - Respective petitioners have prayed for in respective petition to direct respondent passport authority to make necessary correction/s and/or change/s in passport with respect to either date of birth and/or place of birth as in certificate issued by competent authority - Held, AT this stage, it is also required to be noted that normally when there is a discrepancy in date of birth in certificate issued by the competent authority provisions of Births and Deaths Registration Act as well as school leaving certificate in that case primacy is required to be given to birth certificate issued by Municipality and competent Government Authority Births and Deaths Registration Act unless it is on verification of such document - A doubt is created and / or authority is not satisfied with regard to genuineness of same It is also required to be noted that when there is dispute with regard to genuineness of date of birth and / or certificate then certainly passport authority can refuse to make necessary correction and / or effect change in passport with regard to date of birth and/or place of birth is concerned and may insist for order from Court declaratory order from Civil Court but for that a petition Article of the constitution of India is not maintainable as further evidence is to be led with regard to correct date of birth and on appreciation of evidence declaratory order is required to be passed and this Court in exercise of powers Article of constitution of India would not like to enter into disputed question of facts - Petition disposed (Para 14)

M. R. SHAH, J.

( 1 ) RULE. Shri J. M. Malkan, learned Asst. Solicitor General of India with Shri m. A. Shaikh, learned Additional Standing counsel for the Central Government waive service of rule on behalf of the respective 5 respondents in respective petition. 1. With the consent of the learned advocates for the respective parties, all these matters are taken up for final hearing today.

( 2 ) AS the common question of law and facts arise in this group of petitions, they are being disposed of by this common judgment and order.

( 3 ) THE petitioners in respective petition are either already having passport issued by the respondent authority and/or they have applied for fresh passport. The respective petitioners have prayed for in the respective petition to direct the respondent passport authority to make necessary correction/s and/or the change/s in the passport with respect to either date of birth and/or place of birth as in the certificate issued by the competent authority under the provisions of Births and Deaths Act, 1969 as well as in the School Leaving Certificate issued by the School Authority there is discrepancy in the date of birth.

( 4 ) IT is the common contention and the case on behalf of the petitioners that as there is discrepancy in the date of birth in the certificate issued by the competent authority under the provisions of the Births and Deaths Act, 1969 and in the school leaving certificate and that in the passport issued by the respondent authority the date of birth is mentioned on the basis of the school leaving certificate which was produced by the applicant for issuance of the passport at the time when they applied for passport and/or when they have applied for fresh passport with a request to mention the date of birth in the passport on the basis of the certificate issued by the competent authority under the provisions of the Births and Deaths Registration Act, 1969 and that when they have approached the passport authority for mentioning the date of birth in the existing passport and/or in the fresh passport, the date of birth as mentioned in the certificate issued by the competent authority under the provisions of the Births and Deaths Act, the respondent authority has refused to entertain the said application and/or refused the request to make necessary correction in the passport, in the other words, refused to correct the date of birth in the passport on the basis of the certificate issued by the competent authority issued under the provisions of the berths and Deaths Registration Act and / or to have refused to issue fresh passport mentioning the correct date of birth and / or place as per the certificate issued by the competent authority under the Births and deaths Registration Act and they have directed the respective petitioners to obtain appropriate order from the Court and therefore, all the petitioners have preferred the present Special Civil Applications under article 226 of the Constitution of India for an appropriate writ, direction and/or order directing the respondent passport authority to make necessary correction in the passport to correct the date of birth in the passport as per the certificate issued by the competent Authority issued under the provisions of Births and Deaths registration Act, 1969 and/or to issue fresh passport mentioning the correct date of birth and / or place as per the certificate issued by the competent authority under of the provisions of Births and Deaths registration Act.

( 5 ) IN response to the notice issued by this court, Shri J. M. Malkan, learned Asst. Solicitor General for India and Shri m. A. Shaikh, learned Additional Standing counsel for the Central Government appear on behalf of the passport authority. Learned counsel appearing on behalf of the passport authority have submitted that only on the basis of the particulars given by the respective petitioner-applicant, the date of birth / place of birth is mentioned in the passport and the passport author















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