IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 5469 of 2011(G) ------------------------- PETITIONER: --------------- NUPHAYIL.P.M., AGED 37 YEARS, S/O. LATE MR. MAMMU, RESIDING AT 216(5/32), PADINJARACHALIL HOUSE, KAVUMKARA, MUVATTUPUZHA-686673. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENTS: --------------- 1. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, GOVERNMENT OF INDIA, NEW DELHI-1. 2. THE REGIONAL PASSPORT OFFICER, COCHIN PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM-16. BY ADV. SMT.JISHAMOL CLEETUS, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5469 OF 2011 ......................................................................... Dated this the 21st March , 2011 J U D G M E N T The petitioner seeks to correct his date of birth as '12.03.1973' in the place of mistaken entry given in the passport as '12.03.1971'. The petitioner has produced a copy of the S.S.L.C. book showing his correct date of birth and submits that even though the petitioner approached the second respondent to get necessary relief by filing application in this regard along with the original of the SSLC book, the said application was not accepted by the second respondent, stating that unless and until the petitioner produces the birth certificate issued by the competent authority, the request of the petitioner cannot be acceded to, which made the petitioner to approach this Court by filing the present writ petition. 2. The learned Asst. Solicitor General appearing for the respondents, with reference to the counter affidavit dated W.P.(C) No. 5469 OF 2011 2 09.03.2011 submits that the petitioner has not filed any application as contended nor has he approached the second respondent in this regard. It is however submitted that by virtue of the contents of Ext. R1 Circular bearing No.VI/401/2/5/2001 dated 29.10.2007, it is mandatory on the part of the petitioner to produce the Date of Birth register without which no relief can be given under any circumstances. 3. However, the learned Counsel for the petitioner with reference to the very same document produced by the respondents as Ext.R1, submits that the stand taken by the respondents to deny the relief sought for is not correct or sustainable. With reference to clause (e) of the said circular (Ext.P1) the learned Counsel submits that the approved document is stated as 'birth certificate' only in the case of persons who were born on or after 26.01.1989; whereas in the case of others, SSLC book is very much liable to be accepted . Reference is also made to clause © of Ext.R1 Circular, which reads as follows: “(c) Where files have already been W.P.(C) No. 5469 OF 2011 3 destroyed, PIAs could use their discretion in correction of date of birth without a Court Order, where such correction is only in months(not more than two years) and applicants provide satisfactory explanation that the same document(s) was provided at the time of initial passport application. Fresh fees will be charged. ” It is pointed out that even in cases where records have been lost, discretion to effect 'correction of date of birth' is given to the competent authorities, if the same is not of more than two years and even in respect of such situation, no such stipulation is provided to produce the 'birth certificate' . 4. In the instant case, the petitioner admittedly was born prior to 26.01.1989 and in the said circumstance , the matter could be finalised by the second respondent on the basis of SSLC book. Accordingly, the second respondent is directed to consider the application, to be preferred by the petitioner within 'two weeks' along with the relevant testimonials including the original of SSLC book and sufficient number of photo copies . The matter shall be considered and necessary orders shall be passed so as W.P.(C) No. 5469 OF 2011 4 to cause correction of date of birth without insisting for 'birth certificate'. This shall be done as expeditiously as possible, at any rate, within one month from the date of production of the materials as aforesaid. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk