Harman Singh vs Regional Passport Officer And Anr on 5 February, 2009

   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH


                                      C.W.P NO. 18495 OF 2008
                                      DECIDED ON : 05.02.2009

Harman Singh
                                                  ...Petitioner
           versus

Regional Passport Officer and anr.
                                                  ...Respondents


CORAM : HON'BLE MR. JUSTICE SURYA KANT


Present : Mr. G. S. Sidhu, Advocate,
          for the petitioner.


SURYA KANT, J. (ORAL)

The petitioner is aggrieved at the order dated

26.05.2008 passed by the Regional Passport Office, Chandigarh,

whereby he has been asked to furnish a Civil Court order/decree

regarding change of his date of birth in the passport.

The petitioner’s case is that when he was 8 years old

school student, his date of birth was wrongly mentioned as

06.07.1986 instead of 06.07.1985 while applying for the

passport. According to the petitioner, his correct date of birth i.e

06.07.1985 is duly recorded in Matriculation Examination

Certificate, Birth Certificate, School records and on inquiries held

by the Naib Tehsildar, Koom Kalan, as well as, the Sub Divisional

Magistrate (East) (Civil), Ludhiana also, his plea regarding date of

birth has been found to be factually correct. It is urged that

despite the recommendations made by the Sub Divisional

Officer (Civil), the Regional Passport Officer has refused to
C.W.P NO. 18495 OF 2008 -2-

change the date of birth of the petitioner in the passport and is

insisting for a Civil Court order/decree.

Having heard learned counsel for the petitioner, I am

of the considered view that no case to direct the Regional

Passport Office to relax its parameters for changing the date of

birth in the passport, is made out. However, keeping in view the

fact that the petitioner is a student and requires the passport at

the earliest to pursue his higher studies, it is directed that if the

petitioner files a declaratory suit, the learned Civil Court shall

take up the same on priority basis and dispose of the same, as

early as possible and preferably within six months.

If the Civil Court decrees the petitioner’s suit, the

Regional Passport Office is directed to act upon as per the same

within a period of one month from the date it is produced.

Disposed of.

FEBRUARY 05, 2009                            (SURYA KANT)
shalini                                          JUDGE