* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd December, 2015 + W.P.(C) 10839/2015 SUNITA SAWHNEY ..... Petitioner Through: Mr. Girish Aggrwal and Mr. Vaibhav Jain, Advs.

Versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Monika Arora, Mr. Krishan Nandan and Mr. Harsh Ahuja, Advs.

for UOI.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

1. The petition seeks a mandamus to the respondent No.2 Regional Passport Office (RPO), New Delhi to, on the basis of the Birth Certificate issued by the respondent No.3 Sub Registrar (Birth & Death), Ambala, Haryana, correct the date of birth in the Passport issued to the petitioner from that mentioned of 22nd January, 1961 to that given in the Birth Certificate of

20th June, 1961.

2. The petition came up before this Court first on 24th November, 2015 when the counsel for the respondents No.1&2 appeared on advance notice and considering the nature of controversy, need was not felt to issue formal notice or to call for replies and the counsels were heard and on their request the hearing adjourned to 2nd December, 2015 and thereafter to today. The counsels have been heard further. Need for issuing notice to the respondent No.3 is not felt.

3. It is the case of the petitioner, (i) that she was born on 20th June, 1961 at her house in Ambala and no registration of her birth was recorded;

(ii) that the petitioner, on the basis of information received, considered her date of birth as 22nd June, 1961 but in the Ambala Cantt records her correct date of birth is 20th June, 1961;

(iii) that the petitioner got issued Passport No.K6487971 valid upto 19th July, 2022 in which also as per information given by her, her date of birth is mentioned as 22nd June, 1961;

(iv) that the petitioner got issued a Birth Certificate showing her date of birth as 20th June, 1961;

(v) that the petitioner approached the respondent No.2 RPO, New Delhi to, on the basis of her Birth Certificate, have her date of birth corrected but the respondent No.2 RPO put the application of the petitioner “on hold”.

4. The petitioner, along with the petition itself has filed copies of, (a) order dated 19th October, 2012 of this Court in W.P.(C) No.6739/2012 titled Nikhil Garg Vs. Union of India where the Passport Authorities, on the very first date when the petition came up before the Court, conceded that they will correct the date of birth on the basis of the Birth Certificate and a direction to the said effect was issued;

(b) order dated 4th March, 2013 of this Court in W.P.(C) No.1410/2013 titled Srishti Yadav Vs. Union of India where also the petition was disposed of on the very first date with a direction to the Passport Authorities to, after examining the documents submitted, consider examine the request for issuance of a fresh Passport based on the Birth Certificate;

(c) order dated 7th July, 2014 of this Court disposing of W.P.(C) No.4090/2014 titled Akshit Bajaj Vs. Union of India with a direction to the Passport Authorities to examine the documents submitted by the petitioner therein for change of date of birth and to, if satisfied, effect the change in date of birth;

(d) order dated 24th December, 2014 of this Court in W.P.(C)

No.9107/2014 titled Harshita Gupta Vs. Union of India, which petition was also similarly disposed of.

5. However, since none of the aforesaid orders referred to any Rule or Regulation for effecting such change in date of birth on the Passport, on 24th November, 2015, the Rule in this regard was enquired from the counsel for the respondents No.1&2 and on his request the matter was adjourned.

6. The counsel for the petitioner has today also handed over a copy of the order dated 4th August, 2009 of this Court in W.P.(C) No.7387/2008 titled Pushpendra Singh Diwaniyan Vs. Union of India where notice was taken of Circulars dated 18th April, 2001 and 29th October, 2007 of the Passport Issuing Authorities (PIAs) with respect to change of date of birth on the Passport and the petition was disposed of with the