SCA/8665/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8665 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE AKSHAY H.MEHTA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= JARIWALA ACHLABEN SHAILESH KUMAR - Petitioner(s) Versus REGIONAL PASSPORT OFFICE - Respondent(s) ========================================================= Appearance : MS KJ BRAHMBHATT for Petitioner(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, MS ARCHANA U AMIN for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKSHAY H.MEHTA Date : 10/04/2007 ORAL JUDGMENT 1. Rule. Ms. Archana Amin learned Additional Central Govt. Standing Counsel waives service of rule on behalf of the respondent. At the request of the learned SCA/8665/2007 2/3 JUDGMENT advocates the matter is taken up for final hearing today itself. 2. The petitioner has sought correction of the birth date in the passport issued by the respondent authority. According to the petitioner his correct date of birth is 1st December, 1960, which is stated in the birth certificate. Similarly in the school leaving certificate also it is shown as 1st December, 1960. However, in the passport issued by the respondent, the date of birth is mentioned as 1st June, 1960. This appears to be obvious error. 3. I have heard Ms. K.J. Brahmbhatt learned advocate for the petitioner and Ms. Amin learned Additional Central Government Standing Counsel for the respondent. I have also perused the contents of the petition together with annexures. This Court has held that the birth certificate is the authenticate document, so far as the date of birth is concerned. It will prevail upon any other document that may come into existence subsequently. 3.1. So far as the grievance of the petitioner is concerned, it can be taken redressed by passing the SCA/8665/2007 3/3 JUDGMENT following direction. 3.2. The respondent is directed to consider the application for issuance of passport of the petitioner on the basis of the birth certificate and if all other documents are found to be in order, the same may be issued, if otherwise she is not found ineligible. 3.3. Since this exercise is required to be carried out because of the fault on the petitioner's side, the petitioner is directed to pay costs of Rs.2,500=00. 4. The petition is allowed. Rule is made absolute. [Akshay H. Mehta, J.] /phalguni/