SCA/10004/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10004 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= GITABEN W/O BHARATBHAI SHAH - Petitioner(s) Versus REGIONAL PASSPORT AUTHORITY - Respondent(s) ========================================================= Appearance : MS ARCHANA R ACHARYA for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR VD PARGHI for Respondent(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/08/2008 ORAL JUDGMENT 1. Rule. Mr. VD Parghi learned Counsel for respondent No.1 waives service of rule. SCA/10004/2008 2/5 JUDGMENT 2. With the consent of parties matter is taken up for final hearing today. 3. Upon hearing learned Counsel appearing for both the sides, it appears that the issue arising for consideration in the present petition is the same, as was considered by this Court in Special Civil Application No. 10007 of 2008 decided on 12.8.2008 in case of Arpanaben Krunal Shah V. Regional Passport Office, this Court at paras 9(A) to 9(D) observed as under: “ A) The passport authority can make correction in the passport already issued, if genuine and proper circumstances are placed before it, however, while exercising the power for correction in the record of the passport, the passport authority may insist for the order of the Court for valid reason. B) While exercising power by the passport authority for correction in the passport, either independently or under the orders of the Court, the passport authority would be guided by authenticated and reliable material for correction of birth date, name and the place of birth as the case may be. The weightage can be given for such correction first to the entry SCA/10004/2008 3/5 JUDGMENT made in the register of birth or death, as the case may be, as per the Birth and Death Registration Act 1969. In absence of such entry in the Registration of Birth and Death Act, 1969, the passport authority may relegate the party to get entry for birth, name or place corrected in the concerned register under the Registration of Birth and Death Act 1969, and it is only thereafter, the correction may be made by the passport authority. In cases, where the birth is not registered under the Registration of Birth and Death Act 1969, the passport authority, at the time of issuance of the fresh passport, may consider other material like that of School Leaving Certificate. C) In the event the School Leaving Certificate is not available then other evidence can be considered, in the event birth is prior to 1969, like affidavit etc. However, in cases, where the birth is after 1969, the first and foremost priority and the weightage shall be given by the passport authority, as per the entry recorded in the birth and death register under the said Act. D) In the event passport authority finds that genuineness of the document are at doubt, it may insist for public advertisement, and if no objection is received, the passport authority may act upon the record produced before it. In the event of any dispute raised by any person in SCA/10004/2008 4/5 JUDGMENT response to such public advertisement, the passport authority shall relegate the person concerned holding, to get appropriate declaration of the competent Court.” 4. If the facts of the present case are examined in light of the aforesaid principle, it appears that as per the birth entry recorded in the birth and death register, the birth date of the petitioner is 21.7.1958, whereas in the passport No. A9357964 the birth date of the petitioner was recorded as 27.7.1958. Since, the weightage is to be given to the entry recorded in the birth and death record, and no other evidence is brought to the notice of this Court to the contrary, the correct date of birth of the petitioner would be 21.7.1958. 5. Consequently, the Passport Officer is directed to correct the date of the birth in the passport of the petitioner bearing No. A9357964 either in the same passport or afresh passport may be issued on payment of the necessary charges by the petitioner. The said process shall be completed within a period of three weeks from SCA/10004/2008 5/5 JUDGMENT the receipt of the order of this Court. 6. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. Considering the facts and circumstances, as the Passport Authority cannot be saddled with the cost of the present litigation, the petitioner shall pay the cost of Rs. 3,500/- to the passport authority. (JAYANT PATEL, J.) Suresh*