IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3128 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE D.K.TRIVEDI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES 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 Civil Judge? : NO -------------------------------------------------------------- HASMUKHRAY SUKHLAL VAJARIA Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 3128 of 2002 MS ARCHNA U AMIN for Petitioner No. 1 MR DN PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE D.K.TRIVEDI Date of decision: 08/03/2002 ORAL JUDGEMENT Rule. Mr. D.N.Patel, learned Standing Counsel appearing for the Government of India waives service of Rule on behalf of the respondent. Heard Ms. Amin, learned advocate for the petitioner and Mr. Patel, learned standing counsel for the respondent. During the hearing, Ms. Amin, learned advocate for the petitioner has taken me through the petition and documents attached thereto. It is her contention that the passport authority had issued a passport in favour of the petitioner considering his application on 5th May, 1999 showing the birth date of the petitioner as 16th May, 1945. The xerox copy of the passport is annexed to the petition as Annexure C. It is the case of the petitioner that at the time of submitting the application for passport while submitting the documents, the petitioner had relied upon the school leaving certificate issued by School authority namely, Head Master, The V.C. Technical High School, Morvi dated 23.5.1963 showing the date of birth of the petitioner as 16th May, 1945. It is the case of the petitioner that the petitioner has got admission in the school on 26th June, 1960 by disclosing the date of birth as 16th May, 1945. It is submitted that actual date of birth as per the certificate issued by the authority on 9th November, 1950 is 14th June, 1945 and therefore, the birth date of the petitioner may be seen as 14th June, 1945 in the passport instead of 16th May, 1945. 2. The petitioner has approached the respondent authority by submitting representation dated 26.2.2002, requesting the authority to correct the name and birth date of the petitioner mentioned in the passport. Ms. Amin, learned advocate appearing for the petitioner has submitted that as per the Rules, unless and until the petitioner obtained necessary orders from the Competent Court, it will not be possible for authority to entertain the application/representation for correcting the date of birth and accordingly, she requested that necessary direction be given to the authority. 3. Mr. Patel, learned Standing Counsel for the respondent has submitted that in the passport application submitted by the petitioner, the petitioner has furnished school leaving certificate showing his birth date as 16th May, 1945 and accordingly, while issuing passport, the authority has rightly inserted the birth date of the petitioner as 16th May, 1945 and as there is no power to the authority to change the birth date of the petitioner. 4. In the aforesaid facts and circumstances and as highlighted in the petition that the actual birth date as found from the birth certificate issued by authority shows that the birth date of the petitioner is 14th June, 1945 as per the birth certificate dated 9th November, 1950. It will be in the fitness of the thing, the authority is required to consider for effecting the change of birth date in the pass port of the petitioner. Accordingly, the respondent authority is directed to consider the request made by the petitioner for change of birth date in the pass port of the petitioner issued by the authority and if, it is fit genuine, the authority is directed to effect the change as requested by the petitioner and necessary steps be taken for correcting the birth date of the petitioner in the pass port. 5. Ms. Amin, learned advocate for the petitioner has stated that the petitioner will promptly apply for new passport and the respondent is required to examine the application of the petitioner as expeditiously as possible. It is directed that if the petitioner will apply fresh, the application of the petitioner will decide as expeditiously as possible. 6. With these observations, this petition is disposed of. Rule is made absolute to above extent. It is further directed that respondent authority will be at liberty to pass appropriate order with regard to the costs of proceedings of new pass port and the petitioner is required to pay all the costs. Direct service permitted. (D.K.Trivedi,J.) pallav