Kerala High Court
Fathima Beevi vs Union Of India on 14 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.A.No.1816 of 2025
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2025:KER:61373
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WA NO. 1816 OF 2025
(AGAINST THE ORDER/JUDGMENT DATED 04.03.2025 IN
WP(C) NO.22324 OF 2023 OF HIGH COURT OF KERALA)
APPELLANT:
FATHIMA BEEVI,
AGED 50 YEARS
D/O. SAIDU PANAPARAMBIL, PANAPPARAMBIL HOUSE,
VELUTHAKADAVU, PANANGAD P.O., THRISSUR RURAL,
KERALA, PIN - 680665
BY ADVS.
SHRI.P.R.MADHUSUDANAN
SMT.HASEENA KUNJOONJU
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, NEW DELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER,
GROUND FLOOR PASSPORT OFFICER, HERA ROYAL,
SEAPORT -AIRPORT ROAD, KARINGACHIRA,
THRIPUNITHURA, KOCHI, REPRESENTED BY ASSISTANT
SOLICITOR GENERAL OF INDIA, PIN - 682301
OTHER PRESENT:
SRI T C KRISHNA CGC
W.A.No.1816 of 2025
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2025:KER:61373
THIS WRIT APPEAL HAVING COME BEEN FINALLY HEARD ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1816 of 2025
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2025:KER:61373
AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.A. No.1816 of 2025
---------------------------------
Dated this the 14th day of August 2025
JUDGMENT
P.V.BALAKRISHNAN,J
This intra-court appeal is filed by the petitioner in W.P.(C)
No.22324 of 2023 aggrieved by the judgment dated 04.03.2025
passed by the learned Single Judge, dismissing her writ petition.
2. The writ petition has been filed by the appellant seeking a
direction to the 2nd respondent to correct the appellant's date of
birth in her passport and re-issue it with the correct date. It is the
case of the appellant that her correct date of birth is 16.08.1973,
while the date of birth shown in Ext.P1 passport is 09.04.1968. It is
her further case that the date of birth was wrongly stated in Ext.P1
passport due to the mistake and negligence committed by the 2 nd
respondent.
3. The learned Single Judge after considering the materials
on record, dismissed the writ petition, finding that the application
for correction of date of birth in the passport was made with
inordinate delay and without any explanation.
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4. Heard Adv.Haseena Kunjoonju, the learned counsel
appearing for the appellant and Adv.T.C.Krishna, the learned Senior
Central Government Counsel appearing for the respondents.
5. The learned Counsel for the appellant submitted that
when the appellant got married, her husband, who was working
abroad at that time, had applied for the passport and it was
renewed periodically. She also submitted that the applicant was
actually born on 16.08.1973 and her date of birth was registered as
per Ext.P2 dated 08.11.2022. She further submitted that all the
other documents such as the Migration Certificate, Aadhaar Card,
Driving Licence, Pan Card, etc., issued to the appellant reflects the
date of birth as 16.08.1973 and, therefore, prayed that the relief, as
sought for, may be granted.
6. Per contra, the learned counsel for the respondents
supported the impugned judgment and contended that there are no
grounds to interfere with the same. He argued that the issue in
hand is covered by a Division Bench judgment of this Court in Vasu
Sasi v. Union of India & others [2020 SCC OnLine Ker 2947]
and it is by following the said judgment, the writ petition came to be
dismissed.
7. In the instant case, it is not in dispute that the appellant
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has first obtained her passport in the year 1992 and that the same
has been renewed periodically till date. The passport was thus
issued and renewed with the date of birth as 09.04.1968. It is only
on 24.11.2022, nearly 30 years after the appellant first obtained the
passport, she has made a request for correcting the date of birth.
While considering the issue whether the appellant is entitled to get
her date of birth corrected in her passport, it would be relevant to
take note of the OM dated 22.09.2016 issued by the Government of
India, which reads as follows:
"i. Only bona fide claims of the applicants for a
change/correction of the date of birth in the passport should
be accepted. All the PIAs shall follow the
instructions/guidelines given below in order to consider the
claim/request of the applicant for change/correction of
entries regarding date of birth in their passports.
ii. Where an applicant claims that a clerical mistake has been
made in the entry relating to the Date of Birth (DOB) / Place
of Birth (POB) in the passport and asks for
rectification/correction, the documents produced earlier
having proof of DOB/POB at the time of issue of passport
may be perused (if not already destroyed) by the PIA. In
case it is a clerical mistake either by the applicant or by the
PIA, the DOB/POB correction may be rectified by the
issuance of a new passport booklet by levying fees in case of
the former and on 'gratis' basis in case of the latter.
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iii. If an applicant applies for the change of DOB within five
years of the date of issue of passport having the alleged
DOB, the request of such an applicant irrespective of the
difference in the DOB may be considered by the PIA if the
applicant is able to provide the Birth Certificate issued by the
Registrar of Births and Deaths and further states that the
DOB recorded in the passport was based on entries
mentioned in documents other than the Birth Certificate.
However, before the issue of passport with changed DOB,
the PIA shall also levy appropriate penalty on the applicant
for obtaining the earlier passport by providing wrong
information regarding his/her DOB.
iv. The cases where the applicant comes to PIA for
change/correction with regard to DOB in the passport after a
period of five years from the date of issue of passport with
alleged wrong DOB shall not be entertained/accepted by the
PIA. However, an exception in this regard may be given to
an applicant who was a minor at the time when the passport
with the alleged wrong DOB was issued to him/her, as and
when such applicant after attaining the age of major, applies
for the passport with the request of change of DOB in the
passport issued to him/her when he or she was a minor, the
PIA irrespective of the period of issuance of passport may
accept his/her case for consideration, and if the PIA is
satisfied with the claim and with the document (submitted
by the applicant), the PIA may accept his/her request for
change of DOB without imposition of any penalty. Under no
circumstances, the PIA will relegate the applicant to obtain
the declaratory court order to carry out changes with regard
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to DOB in the passport and take necessary action as per the
above instructions.
2. Following judicial pronouncements made after the issue
of the OM dated 26.11.2015 and 13.01.2016, the following
are the additional guidelines for PIA on the above subject:
i. The PIA shall consider the explanation of each applicant
seeking change in the DOB to find the genuineness of the
claim even though more than five years have elapsed after
the issue of the passport.
ii. The PIA need not entertain any application in a routine
manner for correction of DOB unless such application is
filed along with a genuine explanation explaining the delay
in approaching the PIA. If such an application is filed, the
PIA shall consider the same and take appropriate decision
as per the instructions contained in the circulars dated
26.11.2015 and 13.01.2016.
iii. The PIA shall entertain all applicants for correction of
DOB, if such holder of the passport produces a court decree
filed in a suit initiated prior to issuance of O.M. dated
26.11.2015 wherein a direction is given to the PIA to
correct the DOB notwithstanding the direction in the O.M.
iv. If any application for change in DOB is filed for
correction prior to issuance of the O.M. dated 26.11.2015,
the same shall be considered in accordance with the
relevant regulations prevailing prior to the date of the O.M.
3. All PIAs are requested to take note of the above
instructions and ensure that these guidelines are followed
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scrupulously to consider the request of change/correction
of entries of Date of Birth in the passports. The provisions
contained in Passport Manual 2010 stands revised
accordingly..."
8. Going by the afore OM, it can be seen that, an application
for change of date of birth can be entertained only within a period of
five years from the date of issuance of the passport and that too,
after perusing the documents produced by the applicant showing the
proof of date of birth at the time of issuance of the passport. It
further says that, in cases where an application is made more than
five years after the issuance of the passport, the issuing authority
must consider the explanation given by the applicant and unless
such explanation is genuine, the application need not be
entertained. In the present case, as stated earlier, it is nearly 30
years after the issuance of the first passport, the appellant has
approached the passport authorities for correcting her date of birth.
It cannot be believed that she has not noticed the mistake for this
long period and especially, considering the fact that her passport
was renewed thrice. The appellant has also not stated anything
about the documents which she has produced earlier, as proof to
obtain her first passport. Further, no reasons are also forthcoming
from the side of the appellant explaining the inordinate delay of
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about 30 years in making the application. If so, we find that the
dictum laid down in Vasu Sasi's case (cited supra) squarely applies
in the instant case. In such circumstances, we are of the view that
the appellant is not entitled to get her date of birth corrected in her
passport.
Ergo, we find no merit in this writ appeal and the same is
accordingly dismissed.
Sd/-
AMIT RAWAL
Judge
Sd-
P.V.BALAKRISHNAN
Judge
dpk
