2008 Supreme(Guj) 422

2009(1) GCD 429(Guj)(DB)
Hon’ble Mr. Chief Justice Mr. K.S. Radhakrishnan &
Honourable Mr. Justice Akil Kureshi
Regional Passport Officer
Versus
Kokilaben wife of Jaswantlal Panchal & Ors.
Letters Patent Appeal No. 1673 of 20061—2Decided on 05/12/20083

Whether Direction by Single Judge to Competent Passport Authority of holding independent inquiry to effect change in date of birth, place of birth or name in passport is validly made?

Headnote:Head Note :

       Passports Act, 1967 — Sections 5, 51-B, 5(2), 10, Part I Schedule III — Passports Rules, 1980 — Rule 5, Proviso thereto — Passport Manual, 2001 — Paragraph 8-1 & 8-3 — Registration of Births and Deaths Act, 1969 — Sections 13, 13(1) to(3), 15 — Gujarat Registration of Births and Deaths Rules, 2004 — Rule 11 — Gujarat Secondary Education Act, 1972 — Gujarat Secondary Education Regulation, 1974 — Regulations 12(A), 12(5)(1), 5(1)(A) to(D), 12(6) — Date of birth, Place of birth or name — Change/amendment in passports — Direction to Competent Passport Authority of holding enquiry — Sustainability — Finding as to — Law is very clear on the subject that Passport Authorities are not competent and are also not expected to make their own independent enquiry with regard to the date of birth, place of birth or name entered in passport especially when entries were once made on the record already produced by the passport holder — If there is any mistake made then it is for the party who seeks correction to produce documents before concerned statutory authorities, Judicial Magistrate or the civil Court based on which correction can be ordered in passport already issued — It is not the function of the Passport Authority functioning under the Passport Act and Rules and Regulations to hold inquiry in that regard — Court disagreeing with the reasoning of impugned ruling rendered by Ld. Judge that Passport Authorities are required to conduct it’s own independent inquiry to decide correction sought — Set aside the same.

       Held :

       Court is, clearly of the view that Passport Authorities are not expected to make their own independent enquiry when there is a dispute or difference with regard to the date of birth, place of birth or name entered in the Passport, especially when entries were once made on the basis of records produced by the Passport holder. If there is any mistake on the records already produced, based on which entries were already made, then it is for the party who seeks correction to produce documents after carrying out necessary correction by the concerned statutory authorities, Judicial Magistrate or the Civil Court, as the case may be. Passport Authorities are always competent to direct the parties to produce relevant documents either from the authorities functioning under the Births and Deaths Register or from the Judicial Magistrate or from the Civil Court, as the case may be. On production of corrected documents, Passport Authorities will immediately carry out necessary correction in the Passport. [Para 12]

       Court has already indicated that Sub-section(2) of Section 5 of the Act enables the Passport authority to ask for furnishing such additional information, documents or certificates, as may be considered necessary by such authority for the proper disposal of the application. Therefore, it is always open to the Passport authority to insist that, when application is submitted by any person for correction of date of birth, place of birth or name, to produce relevant certificates issued by the Competent statutory authority, Judicial Magistrate or Civil Court, based on which necessary correction could be made in the Passport already issued. Passport Authority is not competent or expected to make a rowing enquiry by its own to decide as to whether date of birth, place of birth or name already entered in the Passport is correct or not, which in our view, is not the function of the Passport Authority functioning under the Passport Act and the Rules and Regulations. Court, disagree with the reasoning of the ruling rendered by the Judge as well as the view expressed by the Division Bench of the Bombay High Court. [Para 14]

       Law Laid Down :

       Passport Authority is not competent or expected to make an enquiry to decide as to whether date of birth, place of birth or name already entered in the passport is correct or not.