Vikram Singh Rajput vs Union Of India
2021 Latest Caselaw 3008 MP

            HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR

                         W.P.No.5709/2021
       ( Vikram Singh Rajput Vs. Union of India and others )
                                   (1)

Gwalior, dated : 06.07.2021

      Heard through video conferencing.

      Smt.Nidhi Patankar, learned counsel for the petitioner.

      Shri Praveen Newaskar, learned Assistant Solicitor General for

the respondents/Union of India.

I.A.No.3394/2021 and 6983/2021, applications for urgent

hearing are considered and allowed.

Heard finally with the consent of both the parties.

This petition under Article 226 of the Constitution of India has

been filed seeking following relief :-

(A) That the respondent authority i.e. the Regional Passport Officer may kindly be directed to process the online application on the basis of the statutory documents of the petitioner in respect of accurate date of birth and kindly be further directed to issue fresh passport.

(B) That, any suitable directions or orders may kindly be issued in the nature of writ against the respondents and competent authority and be further directed to issue a fresh passport with correct date of birth as 16.12.1991 at earliest in the interest of justice.

      (C)    Or any other directions in the nature of Writ of
             mandamus      under      Article   226/227     of   the
             Constitution of India.
      (D)    Cost of the petition may kindly be awarded.
            HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR

                             W.P.No.5709/2021

( Vikram Singh Rajput Vs. Union of India and others )

Grievance of the petitioner is that date of birth of the petitioner

has been recorded as 16.12.1990 in previously issued passport. The

actual date of birth of the petitioner is 16.12.1991. Therefore, the

petitioner had approached the Passport Authority for issuance of

corrected passport with the corrected date of birth. To substantiate

the contention, the petitioner has placed on record birth certificate,

secondary school marks sheet, Aadhar Card and PAN Card, in which

his date of birth is recorded as 16.12.1991.

Learned counsel for the petitioner submits that if the corrected

passport is not issued to him on account of incorrect entries of date

of birth mentioned in the previous passport, it will cause a serious

prejudice to the petitioner and will create difficulties and

obstructions for him in his future endeavors and the petitioner will be

deprived from availing any overseas opportunity in future, thus, in

the interest of justice suitable directions may be issued to the

respondents authorities to issue a fresh passport at the earliest with

the correct date of birth.

On the other hand, Shri Praveen Newaskar, learned Assistant

Solicitor General appearing for the respondents/Union of India

prayed for two weeks' time to file the reply.

Learned counsel for the petitioner in support of her contention

relied upon the judgment of the coordinate Bench of this Court

dt.08.04.2019 passed in W.P.No.6635/2019 (Tanmay Pathak Vs. HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.5709/2021 ( Vikram Singh Rajput Vs. Union of India and others )

Union of India and another), in which such directions were issued

to correct the date of birth.

Heard learned counsel for the parties.

The Ministry of External Affairs, CPV Division, PV-I Section

has issued office memorandum dated 26.11.2015. Clause II and

Clause III of the said memorandum reads as under:-

(ii) If an applicant applies for the change of date of birth in the passport within a reasonable period of time i.e. within a span of five(5) years from the date of issue of passport having the alleged wrong date of birth, with the birth certificate issued by the Registrar of Births and Deaths stating that the date of birth recorded in the passport was based on the entries mentioned documents other than the Birth Certificate, the request of such an applicant irrespective of the difference in the dates of birth, may be considered by the Passport Issuing Authority. However, before the issuance of passport with changed date of birth, the Passport Authority shall also levy appropriate penalty on the applicant for obtaining passport on previous occasion by providing wrong information regarding his/her date of birth.

(iii) The cases where the applicant comes to PIA for change/correction with regard to date of birth in the Passport after a period of five years from the date of issue of passport with alleged wrong date of birth, no such request shall be entertained/accepted by the PIA and be rejected out rightly."

Thus, it is clear that where there is a dispute with regard to the

date of birth mentioned in the passport, then the same can be HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.5709/2021 ( Vikram Singh Rajput Vs. Union of India and others )

corrected on the basis of the birth certificate issued by the Registrar

of Births and Deaths and other documents, such as; secondary school

marks sheet, Aadhar Card, PAN Card etc.

Under these circumstances, it is directed that in case if the

petitioner submits the corrected birth certificate along with all

relevant documents as sought by the respondents, then the

respondents shall issue/renew the passport in accordance with law.

With the aforesaid directions, the petition is finally disposed

of.

(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.07.07 12:15:15 +05'30'