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 corrections.

JUDGMENT

Date : 21-02-2023

Heard Mr. Amit Shrivastava, learned counsel along with Mr. Arif Daula Siddiqui, learned counsel for the petitioner and Dr. Krishna Nandan Singh, learned Additional Solicitor General assisted by Mr. Ram Tujabh Singh, learned counsel for the Union of India.

2. The present writ petition has been filed by the petitioner for the following reliefs:

[A] For issuance of an appropriate writ order or direction setting aside the letter dated 13-10- 2017 (Annexure-8) issued by the Regional Passport Officer Patna informing the petitioner regarding closure of Passport application bearing File No. PA 107344039013 because denial of a citizens right to go abroad is violation of Fundamental Rights guaranteed under Article 14 , 19 & 21 of the Constitution of India as has been settled by the Constitution Bench of Supreme Court of India in the case of Satwant Singh Sawhney versus D. Ramarathnam. Assistant Passport Officer, New Delhi and others reported in AIR 1967 SC 1836 and thereafter commanding the respondents to reopen the File No. PA 107344039013 and issue fresh passport in the name of petitioner containing date of Birth as 05-08- 1994, by exercising the power contained in Circular No.VI/401/2/5/2001 dated 26th November 2015.

[B] For issuance of an appropriate writ order or direction commanding the respondents to take final decision by issuing a fresh Passport to the petitioner in view of the aforesaid case as well as seven judges judgment in Smt. Maneka Gandhi versus Union of India & others reported in AIR 1978 SC 597.

[C] For issuance of an appropriate writ in the nature of Mandamus or any other writ be issued to the petitioner holding that if due to any inadvertance on the part of the petitioner's father, an excusable error was committed in her date of birth when she was minor and now when she has attained the age of majority and is in a position to apprise the authority with respect to her correct date of birth which is recorded in her school, college certificates and obstinate instance taken by the Passport authority that such correction cannot be done amounts to denial of her Fundamental rights not only to go abroad but to achieve and improve her educational qualifications. The Hon'ble Court should appreciate and hold that the mistake is such an "ipsi diksit" that her father has given the date of birth inadvertently at the time of first grant of Passport as 05-08-1993 and not 05- 08-1994.

[D] For issuance of an appropriate writ order or direction commanding the respondents for taking final decision on the application/petition of petitioner dated 20-01-2017 & 12-03-2021 and finally dispose off said application/petition by reasoned and speaking order that too after hearing the petitioner.

3. The main issue involved in the present case is as to whether the date of birth recorded in matriculation certificate as 05.08.1994 will be held to be the correct date of birth of the petitioner or the date of birth recorded as 05.08.1993 in the Passport No. A5496057 which was issued on 29.05.1998.

4. The case of the petitioner is that earlier Passport No. A5496057 which was issued on 29.05.1998 in the name of the petitioner was expired on 28.05.2008. The petitioner was minor at that time and the said passport was applied by her father. The petitioner after expiry of the said passport had applied for issuance of fresh passport in the office of Regional Passport Officer, Patna on 30.10.2013. In the said application, according to the petitioner, she has given her correct name and correct date of birth as recorded in her matriculation certificate duly granted to her by the Central Board of Secondary Education (CBSE), New Delhi. The Regional Passport Officer, Patna after scrutinizing the application of the petitioner had made a communication dated 17.02.2014 by which the petitioner was asked to furnish an order of Judicial Magistrate, First Class, Patna for correction of date of birth from 05.08.1993 to 05.08.1994. Pursuant to the said de