IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3711 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 @ PANNABEN UMESHKUMAR PATEL Versus REGI0AL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MR MURALI N DEVNANI for the Petitioner. MR DN PATEL for the Respondent. -------------------------------------------------------------- CORAM : MR.JUSTICE P.B.MAJMUDAR Date of decision: 03/04/2002 ORAL JUDGEMENT Rule. Mr.N.J.Shah, learned Advocate appearing 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. By filing this petition, the petitioner has prayed that the respondent authority may be directed to correct the birth date of the petitioner in her passport. The petitioner is a passport holder and in her original passport, the birth date is mentioned as 12th June, 1962. However, according to the petitioner, the correct birth date is 13th June, 1962, which is recorded in the Birth Register. The petitioner has already made a representation dated 14th March, 2002, to the passport authority, which is annexed as Annexure `D'. That representation is not disposed of by the Department. In the facts and circumstances of the case, the respondent-authority is directed to decide the representation of the petitioner dated 14th March, 2002. 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. In case the authority is satisfied, from the evidence on record, that the grievance of the petitioner is justified, then necessary order of 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 pass appropriate order in accordance with law. The decision may be taken expeditiously. Since the petitioner, at the initial stage, has not taken care of giving appropriate birth date, the petitioner is directed to pay costs of Rs.2,000/- to the authority. The said amount of costs may be deposited with the authority within a period of three weeks from today. Rule is made absolute to the aforesaid extent. 3rd April, 2002 ( P.B. Majmudar, J. ) **** (apj)