Exemption for minors in passport date of birth corrections is mandatory, overriding previous limitations or judgments.

JUDGMENT :

Muralee Krishna, J.

The petitioner in W.P.(C) No.7188 of 2024 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958 , impugning the judgment dated 16.01.2025, whereby the learned Single Judge dismissed the writ petition filed by the appellant- petitioner under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the respondent to correct the date of birth of the appellant-petitioner in his passport as shown in his birth certificate.

2. According to the appellant, in Ext.P1 Passport his date of birth is erroneously shown as 18.03.1965 instead of 10.01.1973. The appellant was a minor at the time of issuance of the passport. Hence, the judgment in Vasu Sasi v. Union of India [ 2020 (4) KLT Online 1006 ], relied by the learned Single Judge does not apply to the case of the appellant, since the office memorandum dated 26.11.2015 issued by the Ministry of External Affairs exempt the case of minors from the five years limitation period stipulated therein for seeking correction of the date of birth in the passport.

3. Heard Sri.Mathew James, the learned counsel for the appellant and Sri. Achuth Krishnan R, the learned Central Government Counsel (CGC) for the respondent and perused the paperbook.

4. The learned counsel for the appellant submitted that the learned Single Judge failed to appreciate the exemption given to the case of a minor, in the official memorandum dated 26.11.2015 issued by the Ministry of External Affairs to apply for change/correction of the date of birth in the passport.

5. The learned CGC stoutly opposed the claim of the appellant, contending that after the issuance of his first passport, the appellant was reissued with the passport on three occasions, and hence he cannot claim the benefit of exemption granted to the minor in the office memorandum dated 26.11.2015 of the Government. The learned CGC further submitted that the appellant has been in possession of the passport for more than 35 years and his claim is hopelessly barred in view of the official memorandum issued by the Ministry of External Affairs. Moreover, the suit filed by the appellant as O.S No.199 of 2022 before the Munsiff Court, Alappuzha, for the same cause was dismissed on merits, and hence the appellant cannot agitate the same cause by invoking writ jurisdiction of this court.

6. The learned Single Judge dismissed the writ petition filed by the appellant, referring to the judgment of a Division Bench of this Court in Vasu Sasi v. Union of India [ 2020 (4) KLT Online 1006 ] wherein by relying on the office memorandum issued by the Central Government for dealing with the application for correction of date of birth in the passport it was held that a belated application for correction of date of birth cannot be entertained. The learned Single Judge further noted that the judgment in Vasu Sasi [ 2020 (4) KLT Online 1006 ] was reiterated in the judgment of a learned Single Judge of this Court in W.P.(C)No. 3934 of 2024.

7. To appreciate the argument raised by the appellant regarding the exemption granted in the office memorandum dated 26^th November, 2015, issued by the Ministry of External Affairs for the correction of the date of birth in the case of a minor, it would be worth to re-produce that office memorandum:

"OFFICE MEMORANDUM SUBJECT: - Guidelines with regard to change/correction of dates of birth entries in the passport of an applicant already held by him/her.

It may be mentioned that necessary provisions with regard to change/correction of dates of birth in the passports are contained in the Passport Manual, 2010 an