IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13504 of 2006 DR.SARBJEET KUNTAL @ SARVJEET Kuntal, S/o Bijay Kumar Yadav, resident of Mohalla- Mahuabag, P.O. Dhanout (Sahaynagar), P.S. Danapur, District- Patna. . . . . . Petitioner. Versus THE UNION OF INDIA through Passport Officer, Ministry of External Affairs, Maurya Lok Shopping Complex, Near Kotwali, P.S. Patna 1. . . . . . Respondent. For the Petitioner : Mr. Diwakar Prasad Singh, Advocate, For the Respondent : Mr. Raghib Ahsan, Asst.S.G. ----------- 2/ 17.12.2009 Heard. The petitioner prays for correction of date of birth in his Passport bearing no. IND E 1985552 issued by Passport Officer, Patna by order of the President of the Republic of India on 13.05.1993. The petitioner states that by mistake, the date of birth has been inadvertently recorded as 27.09.1982 in his passport, in place of 27.09.1981. In support of his contention that his date of birth is 27.09.1981 he refers the certificate issued by Bihar School Examination Board, Patna, contained in Annexure 3 as well as driving licence, contained in Annexure 4. It would appear from the certificate dated 14.12.1996 granted by Bihar School Examination Board, Patna as well as driving licence of the petitioner that his date of birth is entered as 27.09.1981. Learned counsel submits that despite filing representation for correction of the same, the respondents have not made the necessary correction in respect to date of birth. Learned counsel submits that he proposes to go abroad for higher education in the field of Medical Science, as such correction of date of birth - 2 - in the Passport is necessary. He submits that in spite of representations dated 24.03.2003 and 09.10.2006, contained in Annexures 5 and 5/1, the authority has not made necessary corrections presumably on the ground that once Passport has been issued, he / she would not have jurisdiction to make necessary corrections in respect of date of birth. Any view on the aforesaid count would be erroneous, in view of Clause 21 of the General Clauses Act. The provision confers, power to add, amend, vary or rescind Notifications, Orders, Rules or Bye-laws. Clause 21 is quoted hereinbelow for ready reference in this case: “Where, by any [Central Act] or Regulation, a power to issue [notifications], orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any [notifications], order, rules or bye-laws so [issued].” Thus by virtue of Clause 21 of the General Clauses Act, the Passport officer would have necessary power to make corrections in respect of date of birth inadvertently made or if the facts so justify. Counsel for the respondents do not controvert the propositions of law contained in Clause 21 of the General Clauses Act. In the backdrop of the aforesaid discussions and also in view of facts of this case, I direct the respondent authorities to - 3 - make necessary corrections in date of birth recorded in the Passport, on the basis of matriculation certificate issued by Bihar School Examination Board, Patna. The application, thus stands allowed. Uday/ (Samarendra Pratap Singh, J.)