SCA/991220/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9912 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 ? ========================================================= KANTABEN W/O PURSHOTTAMDAS B PATEL D/O DAHYABHAI D PATEL - Petitioner(s) Versus REGIONAL PASSPORT OFFICER - Respondent(s) ========================================================= Appearance : MR MURALI N DEVNANI for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, MS ROOPAL R PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 21/08/2008 ORAL JUDGMENT 1. Rule. Ms.Roopal Patel, learned Counsel for the SCA/991220/2008 2/5 JUDGMENT respondent waives service of notice of Rule. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard. 2. Pursuant to the order passed by this Court on 1.8.2008, Mr.Devnani, learned Counsel for the petitioner, states that the suit has been withdrawn on 2.8.2008 and the certified copy of the withdrawal purshis together with the plaint are produced on record. Hence, the proceedings of the suit no more remain in existence. 3. Upon hearing the learned advocates appearing for both the sides, it appears that the issue arising for consideration in the present petition is same as was considered by this Court in Special Civil Application No.10007 of 2008. In the said decision dated 12.08.2008, 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 SCA/991220/2008 3/5 JUDGMENT 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 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 SCA/991220/2008 4/5 JUDGMENT 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 response to such public advertisement, the passport authority shall relegate the person concerned holding, to get appropriate declaration of the competent Court.” 4. In view of the said principle, if the facts of the present case are examined, earlier the passport was issued based on the School Leaving Certificate, showing the date of birth as 23.4.1935, whereas the entry in the Birth Certificate under the Registration of Birth and Death Act, 1969, copy whereof is produced at Annexure-A, shows the date of birth as SCA/991220/2008 5/5 JUDGMENT 28.4.1935. As per the view taken by this Court, referred to hereinabove, the weightage is to be given to the entry under the Registration of Birth and Death Act and therefore, the correct date of birth of the petitioner is 28.4.1935. 5. Consequently, the Passport Officer is directed to correct the date of birth in the passport of the petitioner bearing No.A-0422192 either in the same passport or a fresh 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 the date of receipt of the order of this Court. 6. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. 7. 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. Direct service is permitted. 21.8.2008 (Jayant Patel, J.) vinod