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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Simran Raj @ Salma Nat - Petitioner
Vs.
Union Of India, Through Secretary Ministry Of External Affairs, Government Of India, New Delhi - Respondent
S.B. Civil Writ Petition No. 20055 of 2019
Decided On : 06-09-2022
Registration of Birth and Death Act, 1969 – Registration of Births and Deaths Rules, 2000 – Passport Act, 1967 – Section 5(2)(c), 6, 10, 11, 12(1)(b) – Petitioner filed this writ petition initially with a prayer of seeking a direction against respondents to issue passport to her on basis of Birth Certificate showing – Held, Court finds that impugned communication and orders are not legally sustainable and same are hereby quashed and set-aside – Court further directs petitioner to make fresh application to Regional Passport Officer, along with all supportive documents, including certificate of date of birth of petitioner, showing her to be born and respondent-Authorities shall consider documents so submitted by petitioner and will decide application of petitioner, preferably within a period of six weeks from date of its receipt – Writ petition disposed of.
ORDER :
The present petitioner filed this writ petition initially with a prayer of seeking a direction against the respondents to issue passport to her on the basis of Birth Certificate showing her date of birth as 26.08.1992.
2. The writ petition was amended by the petitioner and therein following prayers have been made:-
(B) By an appropriate writ order or direction direct the respondents to issue passport to the petitioner on the basis of the Birth Certificate bearing No. 08110005440041000003/2018 dated 26/08/1992 forthwith, without any further delay.”
3. The brief facts pleaded in the writ petition are that the petitioner hails from a rural background and erroneously her date of birth was recorded as 26.08.1989 instead of 26.08.1992 in her birth certificate which was issued on 18.12.2009 by Gram Panchayat Sawai Jaisinghpura, Tehsil-Phagi, District-Jaipur (Raj.).
4. The petitioner has pleaded that she was married on 02.07.2014 and in her marriage certificate issued on 11.08.2016, her correct date of birth was mentioned as 26.08.1992.
5. The petitioner has pleaded that she obtained a birth certificate issued under the Registration of Birth and Death Act, 1969 (hereinafter referred to as ‘the Act of 1969’) read with the Registration of Births and Deaths Rules, 2000 (hereinafter referred to as ‘the Rules of 2000’), wherein her correct date of birth was mentioned as 26.08.1992 and said certificate was issued on 05.02.2018.
6. The petitioner has pleaded that she was issued passport No.H9657895 on 03.05.2010 and same was valid upto 02.05.2020 and said passport showed date of birth of the petitioner as 26.08.1989.
7. The petitioner has pleaded that her passport was cancelled by the respondents on account of discrepancies in the age mentioned between the birth certificate and the marriage certificate. The petitioner got her passport renewed in the year 2017 w.e.f. 31.08.2017 and same was valid upto 30.08.2027.
8. The petitioner has pleaded that she addressed her grievance to the respondents via email and she was informed to get one of the birth certificate cancelled and as such, her issue of correction of date of birth in passport, was to be examined accordingly.
9. The petitioner has pleaded that in pursuance of email sent by respondents, she filed S.B. Civil Writ Petition No.23266/2018 before this Court, raising a grievance of non-adjudication of her representation, seeking cancellation of one of the birth certificate out of two.
10. The petitioner has pleaded that this Court on 15.03.2019, disposed of the writ petition with a direction to the Gram Panchayat to consider and decide the representation of the petitioner in accordance with law within a period of three months.
11. The petitioner has pleaded that in pursuance of the order dated 15.03.2019, passed by this Court, the earlier birth certificate of the petitioner dated 18.12.2009, was cancelled and 26.08.1992 was found to be correct date of birth.
12. The petitioner has pleaded that after cancellation of earlier birth certificate, she approached the respondents, however, no action was taken by the respondents.
13. The petitioner has pleaded that she also obtained information under Right to Information Act about status of her application and she was informed that no action was taken on it.
14. The petitioner has pleaded that during pendency of the writ petition, the respondent No.2, issued impugned communication dated 26.05.2020 through email, wherein it was informed that application for issuance of fresh passport has been stopped for the reason “refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement.”
15. The petitioner was further directed to submit a fresh application with correct details and also submit an explanation regarding alleged su
SupremeToday
The main legal point established in the judgment is that the Passport Authority cannot make a roving enquiry on its own and is not competent to decide the veracity of Date of Birth. It emphasized tha....
The court held that the denial of a citizen's right to correct their date of birth in their passport constitutes a violation of fundamental rights, mandating adherence to circulars governing such cor....
A decree of court declaring the correct date of birth serves as substantial proof for correction of personal details in official documents like passports.
Delay in seeking correction of date of birth in a passport cannot be the sole reason for refusal when there is proof of the correct date of birth.
Passport Authorities are authorized to require a Birth Certificate for rectifying a date of birth in a passport, as per applicable Office Memorandum.
The main legal point established is that the authorities must consider genuine claims for correction of date of birth in the passport, especially when supported by official documents and records, and....
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