IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10379 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH ============================================================ 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 -------------------------------------------------------------- VIKASKUMAR ARVINDBHAI PATEL Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MS ARCHANA U AMIN for Petitioner MR AKSHAY H MEHTA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH Date of decision: 03/10/2000 ORAL JUDGEMENT Rule. Mr.Akshay H.Mehta, Learned Standing Counsel for Central Government waives service of rule for respondent. 2. In this petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus directing the respondent to rectify the error in the passport in respect of petitioner's place of birth as per birth register instead of school leaving certificate. 3. It is submitted that while admitting the petitioner in the school either the relative of the petitioner or school authority has mentioned his place of birth as Vadtal of Taluka Nadiad instead of Sundarna, Taluka Petlad but actually petitioner's birth took place at village Sundarna on 30.7.1978 and accordingly the same was registered with the Registering authority under the provisions of Birth and Death Registration Act, 1969 on 12.9.1978.(Copy of school leaving certificate and copy of birth issued by the competent authority are at annexure "B" and "A" respectively). 4. When the petitioner applied for passport the authorities asked the petitioner both certificates of birth and school leaving before issuing passport and on going through both the certificates the authorities found the discrepancy in the place of birth of the petitioner as the certificate of birth mentions his place of birth as Sundarna, Tal.Petlad and School leaving certificate shows his place of birth as Vadtal, Tal.Nadiad, and asked the petitioner to produce an order from the competent court so that the passport can be issued to the petitioner so as to avoid further complications in the matter. Hence, the petitioner has filed the present petition. 5. In view of the settled legal position that if there is any discrepancy between birth date/birth place recorded in the birth certificate issued by the Municipality/Local authority and the birth date/birth place recorded in the School Leaving Certificate, the birth date/birth place recorded in the birth certificate should normally prevail, the Regional Passport Officer should not have had any hesitation in accepting the petitioner's birth place on the basis of the birth certificate issued by the Sundarna Gram Panchayat (at annexure "A" to the petition. 6. In view of the above discussion, the petition is allowed. The respondent is directed to issue the petitioner passport on the basis of birth place recorded in the birth certificate issued by the Sundarna Gram Panchayat (at annexure "A" to the petition). If all other formalities are complied with the respondent shall issue passport on the aforesaid basis within ten days from the receipt of writ of this Court or a certified copy of this judgment, whichever is earlier. Rule is made absolute. Direct service is permitted. 7. Since the mistake is found out before the respondent issued any passport, this is not a fit case for directing the petitioner to pay costs to the respondent. 3.10.2000 (M.S.SHAH,J)