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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MOHAMMED NIAS C.P., J
Josna Raphael Poovathingal, D/o. P.K. Rappai – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
The petitioner seeks a direction to the second respondent to consider Ext.P16 application preferred for re-issue of her passport with the date of birth corrected based on the Ext.P1 Birth Certificate. The petitioner’s request was not considered, as the respondents insisted on correcting the date of birth in the service records before considering the application.
2. The learned Senior Counsel appearing for the petitioner submits that the petitioner cannot now seek a correction of the service records as the period stipulated for the same has long expired, and therefore, correcting the service record is impossible. The learned Senior Counsel also points out that, as per Ext.P15 Rules [The Passports (Amendment) Rules, 2025], all that is required for correction is an affidavit stating the reason for change in the date of birth, and therefore, the guidelines/manual that run counter to the statutory provisions cannot stand the scrutiny of law.
3. The learned counsel for the respondents brought to my notice a judgment of this Court in W.P.(C) No. 894/2025, dated 21.02.2025, in an identical situation wherein this Court directed the 2nd respondent to consider the application filed by
The law does not compel performance of impossible acts, and administrative guidelines cannot override statutory provisions.
Late applications for correction of personal records require supporting documentation to be valid.
Timeliness and procedural compliance are critical for corrections in service records related to date of birth under applicable regulations.
The court elucidated that corrections in service records require thorough consideration of prior approvals and the petitioner's history, overriding claims of procedural delays by the government.
A writ petition is not maintainable for the correction of a date of birth in a service record if the petitioner fails to approach the court within a reasonable time and lacks unimpeachable evidence t....
A court can direct a passport authority to correct a date of birth in a passport if appropriate documentation is provided.
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