IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4796 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE P.B.MAJMUDAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 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 --------------------------------------------------------- KALPANABEN SUMANTBHAI PATEL Versus UNION OF INDIA -------------------------------------------------------------- Appearance: MR BC DAVE for the Petitioner. MR DN PATEL for the Respondent. -------------------------------------------------------------- CORAM : MR.JUSTICE P.B.MAJMUDAR Date of decision: 07/05/2002 ORAL JUDGEMENT Rule. Mr.N.J. Shah, for Mr.D.N. Patel, waives service of rule on behalf of the respondent. With the consent of the parties, the matter is taken up for hearing today. The petitioner is a passport holder. In the original passport, the birth date mentioned is 6th May, 1964, which is the birth date mentioned in the School Leaving Certificate. Therafter, the petitioner, approached the authority and orally submitted that her correct birth date is 3rd May, 1964. For this, the petitioner has relied upon the copy of the extract of the Birth Certificate. Considering the facts and circumstances of the case, the petitioner is directed to make a written application with all necessary documentary evidence within a period of two weeks from today. Authority is directed to decide the application which may be submitted by the petitioner. The Authority may decide the representation of the petitioner for correcting the birth date in accordance with law and as per the Rules, and after considering the necessary evidence on record, may pass appropriate orders in accordance with law. From the evidence on record, if the Authority is satisfied that the grievance of the petitioner is justified and the correct birth date of the petitioner is 3.5.1964, then necessary orders correcting the entry may be passed and on that basis, corrected passport may be given to the petitioner. However, it is for the authority to appreciate the evidence and to pass appropriate order in accordance with law. The decision may be taken expeditiously and preferably, within a period of two weeks from the date of receipt of representation. Since the petitioner at the initial stage has not taken care for giving appropriate birth date, the petitioner is directed to pay costs of Rs.2,000/- to the authority. The said amount may be deposited with the Authority within a period of two weeks from today. The petition is accordingly allowed. Rule is made absolute to the aforesaid extent, with costs quantified as above. Direct service is permitted. 7th May, 2002 ( P.B. Majmudar, J. ) *** (apj)