Dalbir Singh vs Union Of India And Others
2024 Latest Caselaw 1894 P&H

Punjab-Haryana High Court

Dalbir Singh vs Union Of India And Others on 29 January, 2024

                                                          Neutral Citation No:=2024:PHHC:011410




           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

102                                    2024:PHHC:011410
                                       CWP No.8515 of 2023
                                       Date of Decision:29.01.2024

Dalbir Singh

                                                     ....Petitioner

                                       vs.

Union of India and others

                                                     ....Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:     Mr. Karan Chaudhary, Advocate
             for the petitioner

             Ms. Shweta Nahata, Senior Panel Counsel
             for the Union of India

               ***
JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Article 226 of the

Constitution of India is seeking direction to respondents to re-issue passport

with correct date of birth.

2. Counsel for the petitioner inter alia contends that in the

passport, date of birth of the petitioner has been recorded as 03.05.1962

whereas his correct date of birth is 07.11.1964. The petitioner has applied

for correction of date of birth in 2022 on the basis of Matriculation

certificate, however, till date needful has not been done.

3. Learned counsel for Union of India submits that in the earlier

two passports, date of birth of the petitioner was mentioned as 03.05.1962.

The documents on which petitioner is placing reliance were in the custody of

the petitioner and he did not point out mistake at that point of time.

                                      1 of 3

                                                           Neutral Citation No:=2024:PHHC:011410




CWP No.8515 of 2023                 -2-         2024:PHHC:011410

4. The change of date of birth in the passport is not going to create

any right in favour of the petitioner. The petitioner is seeking correction of

date of birth in the passport just to synchronize said document with the other

documents. He submits that the matriculation certificate is a reliance

evidence, thus, the passport authorities were not justified in refusing to

correct the date of birth. He relies upon Division Bench judgment of this

Court in Resham Singh vs. Union of India and another, 2008(1)

RCR(Civil) 131.

5. A perusal of Resham Singh (supra) shows that instructions

dated 18.04.2001 issued by the Ministry of External Affairs directing a

Passport Officer to refuse correction of date of birth when there are

contradictory documents evidencing the same has been held to be illegal. It

has been held that a Passport Officer has jurisdiction to issue a passport and

accordingly in view of Section 21 of General Clauses Act, 1897 he would

also have authority to correct the same. Statutory powers available to an

official can not be whittled down by instructions. It has also been held that a

birth certificate takes primacy over any other document so far as evidence of

date of birth is concerned.

6. In view of the law laid down in Resham Singh (supra),

counsel for Union of India submits that petitioner may be directed to appear

before the passport authority alongwith requisite documents. Thereafter, the

passport authority would pass an appropriate order within six weeks.

7. Learned counsel for the petitioner agrees to the aforesaid

arrangement.

                                      2 of 3

                                                          Neutral Citation No:=2024:PHHC:011410




CWP No.8515 of 2023                -3-                2024:PHHC:011410

8. In the wake of statement of both sides, the petition stands

disposed of subject to deposit of Rs. 10,000/- as costs by way of Demand

Draft in favour of Regional Passport Officer, Jalandhar with the State Bank

of India, Main Branch at Jalandhar. The petitioner is directed to appear

before the passport authority on 19.02.2024 alongwith requisite documents

and proof of deposit of costs. On doing so, the passport authority would pass

an appropriate order within six weeks from 19.02.2024.

(JAGMOHAN BANSAL) JUDGE 29.01.2024 paramjit

Whether speaking/reasoned: Yes Whether reportable: No

Neutral Citation No:=2024:PHHC:011410

3 of 3