Kerala High Court
Shereef. Y vs Regional Passport Office Kochi on 7 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WP(C) NO. 42528 OF 2023
PETITIONER:
SHEREEF. Y
AGED 45 YEARS, S/O. YAKKUB, 133/7,
PALAKUNNAM HOUSE, KANNADI, KINASSERI,
PALAKKAD, PIN - 678701.
BY ADV SAIJO HASSAN
RESPONDENT:
REGIONAL PASSPORT OFFICE KOCHI
REPRESENTED BY ITS REGIONAL PASSPORT OFFICER,
SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH,
PANAMPILLY NAGAR, KOCHI, ERNAKULAM - 682036.
BY ADV.SRI.S.MANU
DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.42528 of 2023
:2:
JUDGMENT
Dated this the 7th day of February, 2024
The petitioner is a driver by profession. The petitioner
now desires to work abroad and has received offers for the
same. The petitioner is the holder of Indian Passport bearing
No.R0532819. The petitioner has filed the writ petition
challenging the inaction of the respondent in correcting the
date of birth of the petitioner in the Passport.
2. The petitioner's date of birth is wrongly shown as
"25.05.1975" instead of "25.05.1978". The petitioner
approached the respondent with Ext.P2 Birth Certificate,
Ext.P3 Aadhaar Card, Ext.P4 PAN Card, Ext.P5 School
Admission Register Copy and Ext.P6 Standard
X-Equivalency Certificate.
3. It is submitted that many countries insist that
particulars in one's Passport must be the same as that of all
relevant documents. The future prospects of the petitioner to
get employment abroad will be substantially affected if the
entry of the date of birth of the petitioner in the Passport does
not tally with that in other relevant certificates.
4. The petitioner is in urgent need to correct his
Passport, otherwise it would cause him severe damages. In
view of the fact that the career of the petitioner has bright
prospects and that he might lose employment opportunities
because of the discrepancy in the date of birth in his
Passport and other certificates, re-issuance of the Passport
with correct entries is highly essential and denial of the same
is arbitrary, unjust, unreasonable, contends the Counsel for
the petitioner.
5. Deputy Solicitor General of India, on instructions,
submitted that the Regional Passport Officer has received
an application in the year 2021. As the matter was pending
for a long time without further steps, the application has been
closed. If the petitioner makes a fresh application online for
date of birth correction, the same can be considered in
accordance with law.
In view of the facts as stated above, the writ petition is
disposed of directing that if the petitioner makes an
application online for date of birth correction in Passport
within a period of two weeks, the respondent-Regional
Passport Officer shall consider the same and take
appropriate decision thereon, as expeditiously as possible, in
compliance of due procedure.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 42528/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INDIAN PASSPORT
BEARING NO: R0532819 OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE OF
THE PETITIONER ISSUED BY KANNADI GRAMA
PANCHAYAT DATED 15.12.2021
Exhibit P3 TRUE COPY OF THE AADHAAR ISSUED BY
UNIQUE IDENTIFICATION AUTHORITY OF
INDIA OF THE PETITIONER
Exhibit P4 TRUE COPY OF PERMANENT ACCOUNT NUMBER
(PAN) CARD OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE EXTRACT OF THE
ADMISSION REGISTER WITH ADMISSION NO:
6527 ISSUED BY THE MUSLIM HIGH SCHOOL,
PUDUNAGARAM, PALAKKAD OF THE
PETITIONER
Exhibit P6 TRUE COPY OF THE STANDARD X -
EQUIVALENCY CERTIFICATE ISSUED BY
GENERAL EDUCATION DEPARTMENT, GOVT. OF
KERALA WITH REGISTER NO: 19177 DATED
NOVEMBER 2016
RESPONDENT ANNEXURES
Annexure R1(a) TRUE EXTRACT OF ADMISSION REGISTER
(EAR) ISSUED BY THE HEADMASTER, MUSLIM
PUBLIC SCHOOL, PUDUNAGARAM
