IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 14941 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.R.DAVE ============================================================ 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 concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- ZAVERI MINAXIBEN MANISH Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 14941 of 2003 MR SUNIL C PATEL for Petitioner No. 1 MR DN PATEL for Respondent No. 1 NOTICE SERVED BY DS for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.R.DAVE Date of decision: 16/10/2003 ORAL JUDGEMENT Rule. Service of rule is waived by learned advocate Shri N.J. Shah appearing for Shri D.N. Patel, Sr. Standing Counsel. At the request of the learned advocates, the petition is finally heard today. 2. The grievance of the petitioner is that her date of birth was initially recorded incorrectly as 15.1.1972 on the basis of information supplied by the petitioner in the petitioner's passport, which was issued to her (No.E-6270586). Thereafter the petitioner has come to know that her correct date of birth is 24.9.1973 as learnt by her from the Birth Certificate. 3. In the circumstances, the petitioner wants that her correct date of birth be recorded in the passport, which might be issued to her. 4. In pursuance of notice issued by this Court, learned advocate Shri N.J. Shah has appeared and has submitted that on the basis of information given by the petitioner in the past, in the passport which had been issued to the petitioner it was stated that the petitioner was born on 15.1.1972. However, it has been submitted that if the petitioner submits an application for making corrections, her application will be looked into and after considering the evidence adduced by the petitioner, if the authority is satisfied that the correct date of birth of the petitioner is 24.9.1973, a new passport stating the correct date of birth shall be issued to her. 5. Learned advocate Shri Shah has further submitted that possibly the petitioner's name was entered in the certificate of birth subsequently and for the purpose of ascertaining correct facts, the respondent authority might have to call for another certified copy of the extract of the birth certificate from the concerned authority. 6. Looking to the facts of the case, the petitioner is directed to submit an application to the respondent authority with relevant documents and evidence to show that the petitioner was in fact born on 24.9.1973. If the authority is satisfied that the correct date of birth of the petitioner is 24.9.1973, I am sure that the authority shall issue a new passport recording correct date of birth. 6. In the instant case, only on account of incorrect information given by the petitioner to the respondent, the date of birth was recorded as 15.1.1972. The respondent authority will have to issue a new passport if it is found that the date of birth stated by the petitioner while applying for her passport was incorrect. The respondent authority will be put to difficulties because of a mistake committed by the petitioner and therefore the petitioner is directed to pay a sum of Rs.5,000/- by way of costs to the respondent. 7. In view of the above direction, the petition stands disposed of as allowed. Rule is made absolute to the above extent. D.S. permitted. (A.R. Dave, J.) (hn)