IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7702 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE KUNDAN SINGH ============================================================ 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 -------------------------------------------------------- ARUNABEN MADHUSUDAN MEHTA Versus UNION OF INDIA -------------------------------------------------------------- Appearance: MS ALPANA CHAUDHARI for MR NK MAJMUDAR for Petitioner No. 1 MR DN PATEL for Respondent No. 1 & 2 Sr. Central Government Standing Counsel. -------------------------------------------------------------- CORAM : MR.JUSTICE KUNDAN SINGH Date of decision: 12/09/2001 ORAL JUDGEMENT Rule. Mr. D.N. Patel, learned Sr. Central Government Standing Counsel appears on behalf of the respondents and waives service of rule on behalf of the respondents. 2. This petition has been filed for a direction to the respondent no. 2 to issue passport with necessary correction with regard to birth date of the petitioner. 3. It is also stated that due to some inadvertence wrong date of birth of the petitioner as 1-3-1945 in place of 6-3-1945 has been mentioned in the passport issued earlier on 27-7-1999. The petitioner has moved the application before the respondent no. 2 authority for the very purpose but the same has not been decided stating that the respondent no. 2 has no authority or power to make correction with regard to birth date in the passport unless any order is passed by the competent authority in this respect. The learned counsel for the petitioner has referred to the birth date certificate of the petitioner issued by the competent authority which is annexed as Annexure-C to this petition. 4. In the facts and circumstances of this case, this petition is being disposed of finally by directing the respondent no. 2 to consider and decide the aforesaid application filed by the petitioner on the basis of the material and evidence on record including the birth certificate produced by the petitioner in accordance with law with regard to date of birth as 6-3-1945 in place of 1-3-1945 and for issuance of passport with necessary correction, as expeditiously as possible preferably within a period of three weeks from the date of presentation of a certified copy of this order. The respondents authorities would be at liberty to pass appropriate order with regard to costs of this proceedings. 5. Rule is made absolute to the aforesaid extent, with no order as to costs. D.S. is permitted. -0-0-0-0-0- /JVSatwara/