Patna High Court
Kumari Akriti vs The Patna Municipal Corporation on 22 November, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11460 of 2019
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Kumari Akriti, Aged about 19 years, Gender- Female, Daughter of Kumar
Nagendra, resident of 4M-217, Chanchla Bhawan, Bahadurpur Housing
Colony, P.S.- Agamkuan, District- Patna- 26.
... ... Petitioner/s
Versus
1. The Patna Municipal Corporation through Town Commissioner P.M.C.,
Patna.
2. The Registrar, Births and Deaths, P.M.C. Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Devendra Kumar Sinha, Sr. Advocate
Mr. Pramod Kumar Sinha, Advocate
For the Respondent/s : Mr. Prasoon Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 22-11-2023
Heard Mr. Devendra Kumar Sinha, learned senior
counsel assisted by Mr. Pramod Kumar Sinha, learned counsel
appearing on behalf of the petitioner and Mr. Prasoon Sinha,
learned counsel appearing on behalf of the respondent/s.
2. The present writ petition has been filed by the
petitioner for the following reliefs:
"That this application is directed for
setting aside the letter No. 3046 dated 06.03.2019
where under and where by birth certificate of Kumari
Akriti (petitioner) showing her date of birth as 12-12-
1997 has been held correct and issued the birth
certificates showing her date of birth as 12-12-1998
and 12-12-1999 have been cancelled. Further for a
direction upon the respondent authorities of Patna
Municipal Corporation, Patna to affirm the birth
certificate of petitioner as 12-12-1999 as correct, valid
and genuine date of birth, which is the real date of
birth of the petitioner mentioned in her Academic
Certificate."
Patna High Court CWJC No.11460 of 2019 dt.22-11-2023
2/6
3. Learned counsel for the petitioner submits that,
in the year 2012, father of the petitioner applied for issuance of
passport in the name of the petitioner in External Affairs
Ministry, Government of India appending the birth certificate of
the petitioner. However, it came to light that the date of birth of
the petitioner has erroneously been mentioned as 12-12-1997
instead of 12-12-1999, in the aforementioned birth certificate.
Subsequently, passport was issued by the passport authority on
14.05.2012
, but the date of birth of the petitioner has incorrectly
been mentioned as 12-12-1998, in the said unused passport of
the petitioner, which was altogether a different date of birth.
4. Learned counsel further submits that the
petitioner, Kumari Akriti, had taken admission in the Krishna
Niketal Girl's School in class IVth on 09.02.2008. The actual
date of birth of the petitioner is 12-12-1999, which is evident
from the immunization card and admission details contained in
her school records. The Admission Register contains her date of
birth mentioned as 12.12.1999. The documents pertaining to her
Central Board of Secondary School Examination (Class-X)
2015, also contain her date of birth as 12.12.1999.
5. Heard the parties.
6. Petitioner claims her date of birth to be
Patna High Court CWJC No.11460 of 2019 dt.22-11-2023
12.12.1999, as correct date of birth, mentioned in the certificate
issued by Central Board of Secondary Education which is a
public document.
7. The issue regarding determination of the correct
date of birth based on several documents has come before the
Apex Court from time to time. In Ashwani Kumar Saxena v.
State of M.P. reported in (2012) 9 SCC, 750 the court relied on
the admission register of the school as clinching evidence. The
reasoning that the parents would have given a wrong date of
birth was taken to be a specious plea and disbelieved.
8. In the case of Pradeep Kumar v. State of U.P.,
reported in 1995 Supp (4) SCC 419 the court has relied upon
the School certificate as well as the age indicated by medical
examination as both of them were consistent and indicated the
same age.
9. After the order passed by the Kerala High Court
in case of Jayakumar v. The Regional Transport Officer and
Others (W.P. No. 7073 of 2015 (H), the Ministry of External
Affairs, Government of India issued guidelines regarding
change / correction of Date of Birth and in this regard relevant
circular needs a careful consideration in deciding the claim of
the petitioner.
Patna High Court CWJC No.11460 of 2019 dt.22-11-2023
10. One such circular was Circular No.
VI/401/2/5/2001 dated 26.11.2015 issued by the Ministry of
External Affairs, Government of India, in which Passport
Officer has been authorized to take final decision in case of
application filed with respect to change/correction of date of
birth entries in the passport of an applicant already held by
him/her without obtaining any declaratory order from a
competent Civil Court.
11. The Clause 4(iii) of the Memorandum being
Circular No. VI/401/2/5/2001 dated 26.11.2015 is very specific
and goes to indicate that passport officer has been authorized to
take final decision in case of applications filed with request to
change/correction of date of birth entries in the passport of an
applicant held by him/her.
12. The Clause 4 (iii) of the Circular No.
VI/401/2/5/2001 dated 26.11.2015 provides for such 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. The Clause 4(iii) of the
Memorandum being Circular No. VI/401/2/5/2001 dated
Patna High Court CWJC No.11460 of 2019 dt.22-11-2023
26.11.2015 is reproduced as under:
"(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.
However, an exemption in this regard may be
given to an applicant who was minor at the time when
passport with alleged wrong date of birth was issued
to him. As and when such an applicant after attaining
the age of majority applies for the passport with the
request to change the date of birth in the passport
issued to when he was minor, the PIA irrespective of
the duration of the issuance of passport may accept
his case for consideration and if is satisfied with the
claim and document(s) submitted by the applicant,
may accept his request for change of date of birth in
the passport without imposition of any penalty."
(emphasis supplied)
13. Recently Hon'ble Madhya Pradesh High Court
in case of Arooshi Budholia v. Union of India and others
(W.P. No. 19675 of 2022) had directed the Passport Officer to
consider the application of the petitioner for re- issuance of a
fresh passport holding that the case of the petitioner falls under
Para 4 (iii) of the 2015 guidelines contained in Circular No.
VI/401/2/5/2001 dated 26.11.2015.
14. Considering the totality of aforesaid facts and
circumstances and in view of the guidelines of the Ministry of
External Affairs contained in Circular No. VI/401/2/5/2001
dated 26.11.2015, the Regional Passport Officer, Patna is
Patna High Court CWJC No.11460 of 2019 dt.22-11-2023
directed to consider the application of the petitioner for issuance
of fresh passport with correct date of birth, as mentioned on the
certificate issued by the Central Board of Secondary Education
and after having verified the genuineness of the said Certificate
issued by the Central Board of Secondary Education,
expeditiously within a period of four weeks from the date of
receipt of a copy of this order.
15. Accordingly, the present writ petition is
disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 23.11.2023
Transmission Date N/A
