Corrections Can Be Made In Passports Of Such Applicants Who Were Minor When Passport With Incorrect DoB Was Issued: Patna High Court

While allowing the writ petition, the single judge bench of Justice Purnendu Singh said:

“In view of the several notifications issued by the Ministry of External Affairs, Government of India contained in Circular No. VI/401/2/5/2001 dated 26.11.2015 and Circular No. VI/402/02/01/2016 dated 08.02.2017, exemption should be given to the petitioner who was minor at the time when passport with alleged incorrect date of birth was issued to her. As and when she applied after attaining the age of majority, the PIA irrespective of the duration of the issuance of passport was required to accept her case for consideration and if is satisfied with the claim and document (s) submitted by the applicant, may accept her request for change of date in the passport without imposition of any penalty.”

It was the case of the petitioner that the earlier Passport which was issued on 29.05.1998 expired on 28.05.2008. The petitioner was minor at that time and the said passport was applied by her father in which the date of birth recorded was 05.08.1993. The petitioner after expiry of the passport applied for issuance of fresh passport in the office of Regional Passport Officer, Patna on 30.10.2013.

The Regional Passport Officer, Patna after scrutinizing the application of the petitioner had made a communication dated 17.02.2014 by which the petitioner was asked to furnish an order of Judicial Magistrate, Ist Class, Patna for correction of date of birth from 05.08.1993 to 05.08.1994.

The petitioner had then filed a declaratory suit for change of her name as well as her date of birth which was partly allowed by the Munsif-III, Patna vide judgment and decree dated 30.09.2016 stating that she was entitled to change only her name.

The petitioner had then again filed an application for issuance of fresh passport on 28.06.2017 before passing of the order in Appeal without disclosing the facts of previous passport as well as with regard to the passport application filed in the year 2013. The petitioner was penalized of fine of Rs. 1000/- and file of the year 2013 was closed on 13.10.2017.

The petitioner filed an appeal before the District Judge, Patna which was dismissed on 18.11.2017.

Hence, the petitioner filed the present writ petition.

The issue before the court was whether the date of birth recorded in matriculation certificate as 05.08.1994 will be held to be the correct date of birth of the petitioner or the date of birth recorded as 05.08.1993 in the Passport which was issued on 29.05.1998.

The petitioner contended that the denial of the petitioner’s right for recording her correct date of birth as per the matriculation certificate issued by the CBSE is violation of fundamental right granted under Articles 14, 19 and 21 of the Constitution of India.

The court observed that Passport Officer has failed to consider the case of the petitioner by rejecting merely on the ground that the trial court and the appellate court have held that the petitioner is not entitled to change the date of birth in passport.

The court further pointed that Passport Officer was required to consider their own circular in which special concession has been made in case of minors.

“This Court finds a grave injustice has been caused to the petitioner in so far as the trial court holding that the petitioner is not entitled for change of date of birth in passport……. The Trial court has, in fact, not relied upon the impeccable piece of evidence, the certificate issued by the Central Board of Secondary Education which is a public document. This Court will not refrain from setting aside the orders passed by the trial court as well as the appellate court,” it said.

The court observed that in view of the guidelines of the Ministry of External Affairs contained in Circular No. VI/401/2/5/2001 dated 26.11.2015, the impugned judgement and order of the trail court as well as the judgement in the appeal are set aside.

The court directed the Regional Passport Officer, Patna to consider the application of the petitioner for issuance of fresh passport and correct her date of birth on the basis of the birth certificate issued by the Central Board of Secondary Education expeditiously within a period of four weeks.

It further directed the Municipal Authority to record the correct date of birth of the petitioner in their records.

The court also held that in view of the judgement of Supreme Court in Jigya Yadav v. Central Board of Secondary Education and Others (2021), all such public authorities are expected to process other pending applications and future applications seeking change / correction expeditiously to avoid hardship and unnecessary litigation.

Case Title: Nida Amina Ahmad v. The Union of India and Ors

Citation: 2023 LiveLaw (Pat) 7

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