IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8338 of 2003 For Approval and Signature: Hon'ble MR.JUSTICE JAYANT PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- VASAVADA DAKSHA YAGNAVALKYA Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 8338 of 2003 MR AR THACKER for Petitioner No. 1 MR NJ SHAH for MR DN PATEL for Respondent No. 1 NOTICE SERVED BY DS for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE JAYANT PATEL Date of decision: 26/06/2003 ORAL JUDGEMENT Rule. Mr.N.J.Shah for Mr.D.N.Patel for respondent waives service of rule. With the consent of parties matter is taken up for final hearing today. 2. The contention raised by the petitioner is that the passport is already issued. However, the birth-date initially in the passport is recorded as 1-8-1945 whereas the correct birth-date is 26-8-1945 and the place of birth is recorded as Jalod, Panchmahal, whereas the correct birth-place is Kalol, Dist. Panchmahal. The petitioner submits that an application is made to the Passport Officer, however, the authorities have declined to consider the same in the absence of any order passed by this court. 3. On behalf of Passport authorities it has been submitted that earlier on the basis of School Leaving Certificate passport has been issued. If this court directs the passport authorities, they will consider the matter. 4. Mr.Thakkar for the petitioner submits that in similar matters this court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders and thereafter to incorporate necessary correction in the passport already issued or to issue fresh passport. 5. In view of the above, the respondent is directed to consider the case of the petitioner for change in birth-date from 1-8-1945 to 26-8-1945 and the birth-place from Jalod, Panchmahal to Kalol, Dist. Panchmahal in the passport of the petitioner bearing No.A5077174 and to pass appropriate orders in accordance with law. The respondent authorities shall take decision within a period of four weeks from the date of receipt of writ of this court. However, the petitioner shall pay costs of Rs.2,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. 6. It is clarified that this Court has not gone into the legality and validity and genuineness of the above correction(s). Any order passed by the Passport Authority shall not give any additional right to the petitioner, in any other field, on account of the change, including that of service or any other field. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. 26-6-2002 (Jayant Patel, J.) vinod