Shaji P. Chaly, J.

1. This writ petition is filed by the petitioner seeking direction to the respondent to consider Exts.P1, P7 and P8 as a substitute to the birth certificate of the petitioner, and to consider Ext.P12 application seeking Passport again, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

2. Petitioner completed her post graduation in June, 2016, evident from Ext. P6. She is keenly interested in pursuing her graduation in U.S.A., where her father and two elder brothers have been living for several years. Petitioner was advised by her parents and brothers to take a Passport, for which petitioner made enquiries with the respondent. The pre-requisite for a Passport is birth certificate of the petitioner. When this pre-requisite was brought to the notice of the father of the petitioner, he immediately came down to India from U.S.A. Parents of the petitioner, left with no other option, informed the petitioner that they are not her biological parents and the petitioner is their foster daughter. Petitioner was informed by her parents that they received petitioner from one Smt. Saudamini, who is a social worker. The said social worker informed the parents of the petitioner that the petitioner's date of birth is 22.11.1992, and place of birth is Thiruvananthapuram. Petitioner was brought up very well by the parents and she was given education up to this stage by the parents and she was never informed about the aforesaid situation by her parents, till now. However, petitioner is issued with Ext.P1 abstract of Admission Register by the school in which her date of birth is shown as 22.11.1992. In Ext.P2, Secondary School Leaving Certificate, the date of birth is provided as 22.11.1992. In Ext.P7 Aadhaar Card issued to the petitioner, the year of her birth is shown as 1992, and in Ext.P8 driving license issued by the State Authority, the date of birth of the petitioner is shown as 22.11.1992. Therefore, according to the petitioner, all these certificates show that the petitioner was born on 22.11.1992 and the same can be treated as a certificate valid for consideration of the respondent to issue a Passport to the petitioner if all other requirements are in order. These are the background facts raised by the petitioner in the writ petition.

3. A statement is filed for and on behalf of the respondent, in which, among other contentions, it is stated that the petitioner is a foster child. As per the Passport Rules, for applicants born on or after 26.01.1989, only Birth Certificate issued by Municipal Authority or the office of the Registrar of Birth or Deaths is acceptable. The birth certificate should ordinarily contain the name of child, name of father and mother, date of birth, place of birth, sex, registration number and date of registration.

4. As per the Circular issued by the Ministry of External Affairs bearing No.VI/401/2/1/2011 dated 26.05.2015, in the case of orphan/abandoned children born on or after 26.01.1989, the following are the acceptable documents as proof of date of birth:

"(i) Copy of Birth Certificate; or

(ii) Date of birth recorded in the Matriculation Certificate issued by duly recognised/ affiliated educational institution along with the bona fide certificate duly sworn by the Head of the Orphanage/Childcare Home (in case of minor) or by applicant himself (in case of major) before the First Class Judicial Magistrate/Executive Magistrate categorically stating his/her date of birth/place of birth; or

(iii) Declaratory Court order issued by the court of competent jurisdiction recording the date of birth/place of birth of such an applicant in the order".

Since the petitioner is adopted, a declaratory Court Order as provided in para 4(iii) is required. Therefore, it is the contention of the respondent that petitioner is not entitled to get any relief in the writ petition. It is also submitted that if the petitioner produces a court order, declaring date of b