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2010 Supreme(Ker) 639

ANTONY DOMINIC
Abida. A. P. – Appellant
Versus
Government Of India – Respondent


Advocates appeared:For the Petitioner:Jose K. Kochupappu, Advocate. For the Respondent:P.A. Reziya, Advocate.

Judgment :

Petitioner made an application to the respondents for issuance of a passport. Along with the application, in proof of her date of birth, petitioner produced an extract of her

S.S.L.C Book. However, the second respondent returned her application, with the endorsement to produce birth certificate. Thereupon, this writ petition is filed seeking a direction to the second respondent to accept S.S.L.C. certificate as proof of the date of birth of the petitioner and issue passport on the basis of Ext.P3 application. 2. Learned counsel for the petitioner contends that Passports Act do not oblige an applicant to produce birth certificate as proof of date of birth. It is also his contention that an application for passport is to be made as per Section 5 of the Act which can be refused only on the grounds enumerated under Section 6 of the Act. It is stated that Section 6 of the Act, does not authorise the second respondent to reject an application for passport on the ground that birth certificate issued by the Municipal Authority is not produced. 3. A statement has been filed on behalf of the second respondent, producing circular dated 24th October 1991 issued by the Ministry of Ext

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