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 should follow the guidelines issued by the Ministry of External Affairs.

JUDGMENT

1. Heard finally with the consent of both the parties. The petitioner has filed the present petition, under Article 226 of the Constitution of India and prays for following reliefs:-

(i) To direct the respondents to re-issue the petitioner's passport within specified time.

(ii) To direct the respondents to consider the E- Birth Certificate which was issued on 25/08/2022 and to reissue petitioner's passport (P-05).

(iii) To direct the respondents to treat the date of birth of the petitioner is 11/07/2005.

(iv) To grant any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

2. The brief facts leading to filing of the case are that petitioner had filed an application through her mother for re-issue of her passport on 05.07.2022 bearing Application No. 22-0006160242 and file bearing No. BP1076632388022 before respondent No. 2. Earlier, the Passport No. H4973728 was issued to the petitioner on 28.05.2009 in which her date of birth was mentioned as 21.09.2004. The respondent No. 2 raised an objection that in the old Passport No. H4973728 the different date of birth is mentioned. The petitioner approached the respondent Nos. 3 and 4 for correction of date of birth in the passport. Vide letter dated 05.07.2022, the birth certificate issued on 20.01.2005 was rejected stating that the date of birth of the petitioner is 11.07.2005 and also mentioned that her date of birth was recorded as 11.08.2005 in official record of the Municipal Corporation. On 03.08.2022, respondent No. 2 issued a letter asking the petitioner to confirm the correct date of birth and also produce the cancellation certificate. The petitioner visited the office of respondent No. 3 and submitted all the original records. The respondent No. 3 issued E-Birth Certificate on 25.08.2022 in which the date of birth of the petitioner is mentioned as 11.07.2005. As per the birth certificate dated 10.02.2009 as well as E-Birth Certificate dated 25.08.2022, the petitioner's date of birth is 11.07.2005 and the same date of birth is also recorded in School Education Record, Aadhar Card etc. The petitioner appeared in the examination of Universal Clinical Aptitude Test i.e. UCAT which was conducted for medical student on 04.08.2022 and she has cleared the aforesaid exam. In view of the aforesaid, she is required to go abroad for further admission process before 15th of September, 2022.

3. This Court vide order dated 01.09.2022 had directed the Government Advocate to call for the report/original record of the year 2004 and 2005 from the Nivedita Nursing Home, Gautam Nagar, Bhopal.

4. Today, the learned Government Advocate has submitted a reported dated 05.09.2022 in which it is stated that under MCI Regulations, 2002 and the directives of Government of India, Ministry of Health and Family Welfare and Director General of Health Services, the medical records must be maintained for a period of three years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India. In the present case, the required information relates to more than 18 years back thus, the said information cannot be supplied by the hospital.

5. Learned counsel appearing for respondents No. 1 and 2 submits that previous passport has been issued on the basis of the information which had been supplied in the earlier application and since false information had been given, the petitioner was liable to proceed under Section 12 as well as Section 10(3)(b) of the Passport Act, 1967. He, therefore, prays for dismissal of the writ petition.

6. Heard learned counsel for the parties. The Ministry of External Affairs has issued an office memorandum dated 26.11.2015 (Annexure P-6) which contains guidelines for change/correction of dates of birth in the passport. The guidelines are reproduced as under:-

"OFFICE MEMORANDUM SUBJECT:- Guidelines with regard to change/correcti