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SCA/3856/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3856 of 2009
====================================
NAYNESHKUMAR
MOHANLAL BHAKTA - Petitioner
Versus
REGIONAL
PASSPORT OFFICER - Respondent
====================================
Appearance
:
MR MURALI N DEVNANI for
Petitioner.
MR VD PARGI, Central Government Counsel for
Respondent.
====================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 01/05/2009
ORAL ORDER
The
petitioner has filed this petition under Article 226 of the
Constitution of India seeking direction to the respondent authority
to correct the date of birth of the petitioner in the Passport on
the basis of his Birth Certificate issued to him by the competent
authority showing his date of birth as 11.05.1971, instead of
12.05.1971.
It
is the case of the petitioner that the petitioner was born on
11.05.1971 at Vyara village and as per the provisions of the Birth &
Registration Act, 1971, the said fact of birth of the petitioner was
registered with the competent authority and even certificate of
birth showing the details was issued to the petitioner. While
admitting the petitioner in the school, the petitioner’s date of
birth was mentioned as 12.05.1971 instead of 11.05.1971.
Accordingly, School Leaving Certificate mentions the petitioner’s
date of birth as 12.05.1971 instead of 11.05.1971.
Mr.
M.N. Devnani, learned advocate appearing for the petitioner has
submitted that the mistake of one day might have occurred either by
the mistake of the relative of the petitioner or school authority
only because of the fact that the petitioner was born at midnight at
about 02.00 O’clock. The petitioner applied for passport and while
making application, all the relevant documents including the school
leaving certificate were produced and the passport was issued to the
petitioner showing the petitioner’s date of birth as 12.05.1971
instead of 11.05.1971. He has, however, submitted that the
petitioner has not produced the birth certificate given to the
petitioner by the Registrar of Birth and Death. It is only because
of this, the discrepancy arose. When the petitioner has applied for
renewal of the passport pointing out that the date of birth should
be mentioned as 12.05.1971, the authorities have not acceded to this
request and hence, the petitioner has to file the present petition
before this Court.
This
Court has issued notice for final disposal on 22.04.2009. Notice
was duly served on the respondent authority and Mr. V.D. Pargi,
learned Central Government Counsel has filed his appearance. He
has submitted that once the date of birth is entered into in the
passport, it is not open for the authority to get it changed, unless
and until some directions are issued by the Court to that effect.
Having
heard learned advocates appearing for the parties and having gone
through the documents attached along with the petition, the Court is
of the view that the correct date of birth of the petitioner is
11.05.1971 which is duly recorded in the birth certificate issued by
the Sub-Registrar, Death and Birth, Vyara Nagarpalika under the
provisions of the Birth and Death Registration Act, 1971. It is
true that initially, some mistake was committed at the time of his
seeking admission in the school and school leaving certificate
records the date of birth as 12.05.1971. However, it seems that
there is a genuine and bonafide mistake which can certainly be
rectified on the basis of the birth certificate. There is a settled
legal position that if there is some discrepancy in the date of
birth in two different documents, namely, school leaving certificate
and birth certificate, the date of birth as mentioned in the birth
certificate should be accepted as the correct one.
In
the above view of the matter, the respondent passport authority
is hereby directed to renew the passport of the petitioner
mentioning the date of birth as 11.05.1971 instead of 12.05.1971 as
it is the correct date of birth of the petitioner as per the birth
certificate issued by the Sub-Registrar, Birth and Death, Vyara
Nagarpalika.
Since
the petitioner has approached this Court for giving certain
directions to the passport authorities and for that purpose, the
passport authorities are required to engage counsel, cost of
Rs.3,000/- is awarded and the same should be deposited by the
petitioner with the passport authorities.
Subject
to the aforesaid direction and observation, this petition is
accordingly disposed of. D.S. permitted.
Sd/-
[K. A. PUJ, J.]
Savariya
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