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2014 Supreme(Ker) 587

A.MUHAMED MUSTAQUE
Nizar – Appellant
Versus
Union of India, Represented by its Secretary to Government – Respondent


Advocates Appeared:
For the Petitioner:Nidhi Balachandran, Sabu George, Advocates.
For the Respondents: R1 & R2, P. Parameswaran Nair, ASG of India.

JUDGMENT

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 correc













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