W.P.(C) No.10839/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 3^rd December, 2015

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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 22^nd January, 1961 to that given in the Birth Certificate of

20^th June, 1961.

2. The petition came up before this Court first on 24^th 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

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W.P.(C) No.10839/2015

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the hearing adjourned to 2^nd 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 20^th 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 22^nd June, 1961 but in the Ambala

Cantt records her correct date of birth is 20^th June, 1961;

(iii)

that the petitioner got issued Passport No.K6487971 valid upto

19^th July, 2022 in which also as per information given by her, her date

of birth is mentioned as 22^nd June, 1961;

(iv)

that the petitioner got issued a Birth Certificate showing her

date of birth as 20^th 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”.

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W.P.(C) No.10839/2015

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4. The petitioner, along with the petition itself has filed copies of,

(a)

order dated 19^th 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 4^th 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 7^th 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 24^th December, 2014 of this Court in W.P.(C)

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W.P.(C) No.10839/2015

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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 24^th

November, 2015, the Rule in this regard was enquired from t