Cajetan John Faria vs Union Of India & Another
2009 Latest Caselaw 3937 Del

15.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 8276/2009

      CAJETAN JOHN FARIA                  ..... Petitioner
                     Through Ms. Shawana Bari & Ms. Monika Garg,
                     Advocates.

                   versus

      UOI & ANR.                             ..... Respondents
                          Through Mr. Sachin Dutta, CGSC for UOI.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                ORDER

% 24.09.2009

1. The respondents have refused to examine the question of change of

date of birth in the passport on the ground that as per circular dated 29 th

October, 2007 the petitioner should obtain a declaratory order from the

court of Judicial Magistrate, I Class. The petitioner has along with the

petition filed copy of his school leaving certificate, driving licence and PAN

card in which his date of birth has been recorded as 9.10.1966. The

petitioner also relies upon date of birth certificate issued by Government of

National Capital Territory of Delhi, in which again his date of birth has

been mentioned as 9.10.1966. It is the contention of the petitioner that in

the passport issued in 1998 his date of birth was wrongly mentioned as

9.10.1962. The original application form on the basis of which the said

passport in 1998 was issued is not traceable.

WPC NO.8276/2009 Page 1

2. It may be noted that the petitioner had cleared class XII

examination in 1984 and if his date of birth is taken as 1962, he would be

22 years on the date when he passed the class XII examination.

3. On the question whether the petitioner should be compelled to

obtain a declaratory order from the court of Judicial Magistrate, I Class,

this Court in W.P. (C) No. 7387/2008 titled Pushpendra Singh

Diwaniyan versus Union of India and Others has held that the said

declaration is not required and the respondents can decide the issue and if

they are satisfied, correct the date of birth in the subsequent passport or

in the said passport. While issuing the said direction, the Court had relied

upon decision of the Bombay High Court in Jigar Harish Shah versus

Union of India, AIR 2001 Bombay 60. Following the said decision, the

respondents are directed to examine the claim of the petitioner for change

of date of birth on merits.

4. It is clarified that this Court has not expressed any opinion on the

merits of the claim of the petitioner for change of the date of birth. It is

open to the respondents to accept or reject the claim on merits.

The writ petition is disposed of.

SANJIV KHANNA, J.

      SEPTEMBER 24, 2009
      VKR

WPC NO.8276/2009                                                      Page 2