IMPORTANT POINT
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.

JUDGMENT

1. Heard learned counsel for the petitioner and Smt. P. Pallavi, learned counsel for the respondents.

2. This writ petition is filed challenging the order, dtd. 26/4/2022 issued by the 3rd respondent rejecting the request made by the petitioner seeking correction of Date of Birth in the passport bearing No.J1248515. The said passport was issued on 2/11/2010 and in the said passport, date of birth of the petitioner is mentioned as 12/1/1975 instead of 12/12/1979. In proof of the same, she has filed copy of SSC marks memo and also birth certificate issued by the GHMC and the same was not considered. Further in the rejection order, dtd. 26/4/2022 and written instructions produced by the 3rd respondent would reveal that there is delay of 24 years by the petitioners in seeking correction of said date of birth. Though, the passport of the petitioner was issued twice, she never sought for correction of date of birth. Thus there is delay on the part of the petitioner in seeking correction.

3. Referring to office memorandum, dtd. 22/9/2016, Smt. P. Pallavi, learned counsel for the respondents submitted that consideration of correction/ change with regard to date of birth in the passport after a period of five (5) years from the date of issuance of passport is not permissible.

4. On consideration of the submissions of the parties and Circulars/Office Memorandums, this Court vide order, in W.P.No.13636 of 2022, directed the passport authorities to consider the request made by the petitioner therein seeking correction of date of birth basing on the SSC marks memo, without reference to the said circular, even after five (5) years. In the present case also, in proof of correct date of birth, the petitioner has filed SSC marks memo and also birth certificate issued by the GHMC. Therefore, in this case just because there is delay, the respondents cannot refuse to correct the date of birth of the petitioner. Thus, impugned order, dtd. 26/4/2022 is not on consideration of the said aspects and it is liable to be set aside, accordingly the same is set aside.

5. Accordingly, the writ petition is disposed of, directing the respondent Nos.2 and 3 to consider the request made by the petitioner seeking correction of date of birth and also copy of SSC marks memo and birth certificate issued by GHMC and respondent Nos. 2 and 3 shall complete the aforesaid exercise without reference to the delay as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.