HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.27892 OF 2022
ORDER:
Heard Mr. Mohammed Hassan, learned counsel for the petitioner and Mr. R. Mangulal, learned Central Government Counsel appearing on behalf of the respondents.
2. This writ petition is filed to declare the action of respondent No.3 in refusing to renew/reissue the original passport bearing No.N644099 issued by respondent No.2 dated 19.02.1993 on the ground that his parents names cannot be changed in passport due to their demise, as illegal, and for a consequential direction to respondent No.3 to renew/reissue the original passport to the petitioner by changing the names of his parents.
3. The petitioner herein is the holder of Passport bearing No.N644099, dated 19.02.1993 and the same was extended from time to time. He has submitted an application Reference No.22- 1005229883, dated 13.05.2022, seeking renewal of his passport. The same was refused by respondent No.2 on the ground that the names of the parents of the petitioner are different. After the death of the parents of the petitioner, correction of their names in the passport is 2 KL,J W.P. No.27892 of 2022 impermissible. Thus, respondent No.2 kept the original passport of the petitioner in abeyance and a message was sent accordingly. He has also issued a publication in Hans India News Paper on 11.06.2022 with regard to the change of the names of the parents of the petitioner. He has also filed copies of death certificates of his parents issued by the Greater Hyderabad Municipal Corporation (GHMC) and their Aadhar Cards. With the said submissions, he sought a direction to respondent No.2 to consider his application for renewal with change of names of his parents.
4. On the other hand, Mr. R. Mangulal, learned Central Government Counsel appearing on behalf of the respondents, referring to the written instructions of respondent No.2, would submit that the petitioner cannot seek change of names of his parents after their death. Change of name of the petitioner and his spouse can be considered. Paragraph No.4 of the Chapter - 3 of the Passports Manual, 2020 deals with 'change in the name of parent (s), while paragraph No.4.2 of the said Chapter deals with 'change in the name of deceased parents. There is no law under which a person, not even the legal heirs of a deceased, can change the name of deceased persons. A deceased 3 KL,J W.P. No.27892 of 2022 person has throughout his life used the name for all official transactions during his life period and now his legal heirs/descendents cannot, for their convenience whatsoever, be allowed to change the name of a deceased. It is further stated that as per paragraph Nos.4.2 of the Chapter - 3 of the Passports Manual, 2020, based on documentary proof issued in their life time or name in Death Certificate, the name of parents as shown in his/her own passport is significant proof of the correct name and to be accepted on priority. Besides, parents' name as shown in educational documents/marriage certificate, birth certificate including revised certificates etc., can also be accepted as correct, even if issued after the death of parents.
5. The aforesaid facts would reveal that the passport of the petitioner was expired more than three years ago from the date of application dated 13.05.2022 and accordingly he has submitted the application dated 13.05.2022 seeking renewal of his passport. In the passport, his father's name is mentioned as 'Mohammed Mastan Ali' instead of 'Mohammed Mastan'. Similarly, his mother's name is mentioned as 'Fatima Begum' instead of 'Fatima Bee'. Therefore, respondent No.2 kept the application submitted by the petitioner on 4 KL,J W.P. No.27892 of 2022 hold on the ground of change in the names of the parents of the petitioner.
6. Referring to the Circulars, dated 26.11.2015 and 13.01.2016 and also the guidelines issued by the Ministry of External Affairs, Government of India, vide Office Memorandum, dated 22.09.2016, this Court in Muchipalli Asutosh Jayanth v. The Government of India 1 held that the application submitted seeking correction of date of birth beyond five (05) years is also permissible and the Passport Authority has to consider the same if the persons seeking correction of date of birth produce proper explanation and documents.
7. Referring to the latest relaxed guidelines issued by the Ministry of External Affairs, Government of India, the Kerala High Court in Deepnamol Sebastian v. The Regional Passport Officer, Ernahipalam P.O. 2, held that mistakes in parents' name can be corrected even after their death. Thus, correction of date of birth and name can be considered by the Passport Authority beyond five (05) years and also after the death of parents of a person. 1 . Order dated 29.08.2022 in W.P. No.13636 of 2022 2 . 2021 (5) KLT 197 5 KL,J W.P. No.27892 of 2022
8. In the present case, the petitioner herein had submitted the death certificates of his parents issued by the GHMC and also filed copies of their Aadhar Cards. He has also filed notice published in Hans India Newspaper on 11.06.2022. Respondent No.2 instead of considering the application submitted by the petitioner on 13.05.2022 for renewal of his passport with correction of names of his parents, kept the passport on hold. Respondent No.2 cannot keep a passport on hold without deciding the same as per the guidelines and the Circulars issued by respondent No.1 from time to time.
9. At the cost of repetition, as discussed above, correction of date of birth and names etc., is permissible beyond five (05) years if the holder of passport produced sufficient documentary evidence and also offers proper explanation. Even correction of names of the parents is also permissible after their death.
10. In view of the above discussion, this writ petition is disposed of directing respondent No.2 to consider the application reference No.22-1005229883, dated 13.05.2022, submitted by the petitioner seeking renewal of his passport with correction of names of his parents in accordance with the aforesaid Circulars and principle 6 KL,J W.P. No.27892 of 2022 laid down in the aforesaid judgments. If respondent No.2 is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass a reasoned order and communicate copy of the said order to the petitioner herein. He shall complete the aforesaid exercise within a period of four (04) weeks from the date of receipt of copy of this order. However, there shall be no order as costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 10th April, 2023 Mgr