A. MUHAMED MUSTAQUE, J.

1. These batch of writ petitions are filed aggrieved by the refusal on the part of the Passport Issuing Authorities to correct the date of birth in the Passport on account of the circular dated 29.10.2007, issued by the Ministry of External Affairs, wherein the power given to the Passport Issuing Authorities to correct date of birth in the Passport in genuine cases, is only if the difference is in months (not more than two years). In W.P. (C) No. 17322, which is the lead case of this batch, the circular is challenged to the above extent alleging that it is in violation of Article 14 of the Constitution of India.

2. This Court in Swapna Siju vs. Union of India, 2012 (4) KLT 419, held that for applicants who have born before 26.1.1989, it is not necessary to produce an extract from the Register of Births, generally called the birth certificate. The judgment of the Hon'ble Supreme Court in Nazar vs. Union of India, 2013 KHC 3665, wherein it is held that, it is always open for the Passport Issuing Authorities to ascertain the correctness/genuineness of the certificate relied by the applicants for satisfying the genuineness put forward by them for correction of the date of birth in the Passport. In Abida vs. Government of India, 2011 (1) KLT 34, the Hon'ble Supreme Court held that Passport Act, 1967 do not specify the nature of documents to be produced in proof of the date of birth of an applicant. It is upon the authority to decide the nature of the document required for correcting the date of birth in the passport.

3. The above judgments would clearly indicate that genuineness of the claim is important in making correction of date of birth in the Passport. The question therefore, arises is whether the Passport Issuing Authorities have the power to correct the date of birth, if the difference is more than two years. The relevant clause in the circular issued by the Ministry of External Affairs is reproduced here under:

"Where files have already been destroyed, PIAs could use their discretion in correction of date of birth without a Court Order, where such correction is only in months (not more than two years) and applicants provide satisfactory explanation that the same documents was provided at the time of initial passport application. Fresh fees will be charged."

4. The learned Additional Solicitor General of India relying on the decision of this Court in Raveendran Pillai G. vs. Vice Consulate General of India, 2011 (3) KLT 652, submits that correction beyond two years can only be done through a declaratory order passed by a competent Civil Court.

5. The power to correct the entry related to the date of birth in the passport is no more res integra in view of the decisions as above.

6. In the counter affidavit filed by the 2nd respondent, it is stated that the provisions regarding the power to effect changes in the entries in the Passport were introduced so as to help genuine applicants and in cases where there was vast difference, the power of the authorities are restricted by fixing the cut off of two years difference. It is further stated that there is no illegality or irregularity in fixing the cut off of two years in exercising the discretionary power of the Passport Issuing Authorities. It seems that the restriction in effecting changes in the date of birth is based on the assumption that if there is a vast difference in the age, Passport Issuing Authorities cannot act upon such application.

7. In my view, the Passport Issuing Authorities are not effecting changes in date of birth. They are only correcting the mistakes occurred in the Passport. No one can change date of birth of a person. Therefore, any vast disparity in correcting the actual date of birth comparing to the original, does not make any difference for the purpose of correcting date of birth in the Passport. For e.g. If a person's Passport bears the date of birth as 1.1.1986, instead of 1.1.1996, the Passport Issuing Authoritie