Date of Birth in Passport can be corrected based on School Leaving Certificate without order of Magistrate: Rajasthan HC [Read Order]
Rajasthan High Court on 10th August 2016 affirmatively ruled in favour of avoiding duplicity of approvals in dealing with a minor and bonafide error and re-issuance of Passport thereby. While allowing the writ petition filed in M/S Shilpi vs. Union of India, the High Court directed the Passport Authorities to carry out the desired changes within the stipulated time without insisting the requirement of declaratory order of the First Class Judicial magistrate.
The petitioner claimed that her actual date of birth being 24.01.96 was erroneously mentioned as 10.04.96 on the passport issued in 2006. Despite submitting the requisite documents which hold legal validity such as Licence, Secondary School Examination, Pan Card etc , fresh passport has been denied pending a declaratory order by First Class Judicial magistrate after due enquiry.
The court observed the validity of the case and ruled in favour of the claimant and noted that the case stands covered by order dated 31.10.11 passed by this court in "Piyush Chopra vs. Union of India" wherein the court observed , “after having heard the learned counsel for the parties and after having perused the material placed on record, this Court is clearly of the view that in the present case, the respondents have chosen to proceed in a rather perfunctory manner and have put forward the unnecessary demand of the so-called declaratory order regarding date of birth while ignoring all other material on record.”
In the referred case the court had expressly stated, “it would rather be a travesty of justice if the respondents are permitted to avoid issuance of passport to the petitioner even when he has stated the date of birth in conformity with what has been mentioned in his academic career and in all the related documents including the Secondary School Certificate.”
Based on the orders issued in the previous case and also taking into account of the nature of changes sought the court stated as follows:
“In considered opinion of this court, the correction sought for by the petitioner is very minor correction and it appears to be a bona fide error that her date of birth was wrongly mentioned when she applied for the passport and therefore, on the facts and in the circumstances of the case, the respondents are not justified in refusing the correction in the date of birth, as prayed for.”
The authorities were directed to carry out the necessary changes based on the date of birth in the Secondary School Examination Certificate without insisting on a magisterial Approval. The court also stated that the authorities may carry out the requisites and reissue the passport within two months of the issued order.
Read the order here.