IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 720 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE D.A.MEHTA ============================================================ 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 Civil Judge? : NO -------------------------------------------------------------- SHALIN NARENDRABHAI SONI Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MR BK DAVE for Petitioner MR ANANT S DAVE for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE D.A.MEHTA Date of decision: 01/02/2001 ORAL JUDGEMENT 1. Rule. Mr.A.S.Dave, learned Addl. Central Govt.Standing Counsel waives service of rule on behalf of the respondent. 2. In the petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus directing the respondent authority to correct the name of the petitioner as "Shailin" in Passport No.B 2181562 instead of "Shalin". 3. The petitioner was issued passport wherein his name was mentioned as "Shalin" instead of "Shailin" and as the petitioner is desirous of immigrating to foreign country he requested the respondent authority to change his name as "Shailin" instead of "Shalin". However, the said request of the petitioner was turned down. Hence the petitioner has filed the present petition. 4. In view of the settled position that if there is any discrepancy in the name recorded in the birth certificate issued by the competent authority and any other document the former should normally prevail, the Regional Passport Officer should not have had any hesitation in accepting the petitioner's request for showing the name in the passport on the basis of the certificte issued by the concerned authority. 5. In view of the above discussion, the petition is allowed. The Regional Passport Officer is directed to consider the petitioner's request for change of name in the passport in accordance with law on the basis of the material which may be placed before it and shall pass appropriate orders within a period of one month from the date of the receipt of writ of this Court or a certified copy of this judgment, whichever is earlier. In case the petitioner is required to apply for a fresh passport, the petitioner shall comply with the requisite formalities for the same. 6. The petition is accordingly allowed in the terms as aforesaid. Rule is made absolute to the aforesaid extent. (D.A.Mehta, J) m.m.bhatt