IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8936 of 2003 For Approval and Signature: Hon'ble MR.JUSTICE JAYANT PATEL ============================================================ 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? -------------------------------------------------------------- DEEPAK KUMAR RAMANLAL GANDHI Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 8936 of 2003 MR IS SUPEHIA for Petitioner No. 1 Mr.N.J.Shah with MR DN PATEL for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE JAYANT PATEL Date of decision: 10/07/2003 ORAL JUDGEMENT Rule. Mr.N.J.Shah for Mr.D.N.Patel for respondents waives service of rule. With the consent of parties matter is taken up for final hearing today. 2. Mr.Shah for Mr.Patel for respondent submitted that the passport of the petitioner is already expired and the petitioner has to make application for passport. 3. The contention raised by the petitioner is that the passport was already issued and the same has already expired. However, the birth-date initially in the passport was recorded as 22-2-1956 whereas the correct birth-date is 22-2-1955. The petitioner submits that he wants to submit application for new passport with correct birth-date, however, the authorities have declined to consider the same in the absence of any order passed by this court. 4. On behalf of Passport authorities it has been submitted that earlier on the basis of School Leaving Certificate passport has been issued. If this court directs the passport authorities, they will consider the matter. 5. Mr.Supehia for the petitioner submits that in similar matters this court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders and thereafter to incorporate necessary correction in the new passport. 6. In view of the above, the respondent is directed to consider the case of the petitioner for correction in birth-date from 22-2-1956 to 22-2-1955 at the time when the application for new passport is considered for the purpose of issuing the passport on account of expiry of passport bearing No.X 636865. However, the petitioner shall pay costs of Rs.2,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. 7. It is clarified that this Court has not gone into the legality and validity and genuineness of the above correction(s). Any order passed by the Passport Authority shall not give any additional right to the petitioner, in any other field, on account of the change, including that of service or any other field. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. 10.7.2003 (Jayant Patel, J.)