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SCA/3156/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3156 of 2010
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KANTABEN
D/O MAGANBHAI BECHARBHAI PATEL W/O VINUBHAI R PATEL - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER - Respondent(s)
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Appearance
:
MR
MURALI N DEVNANI for
Petitioner(s) : 1,
MR PS CHAMPANERI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/03/2010
ORAL
ORDER
1. Rule. Mr. P.S. Champaneri, learned Additional Central Government Standing Counsel waives service of rule. At the request of learned counsel for the parties the petition is finally heard today.
2. The grievance of the petitioner is that she has applied for passport before the respondent-authority but the respondent authority refused to accept the application on the ground that the date of birth mentioned in the school leaving certificate does not match with the date of birth noted in the birth certificate. The petitioner states that through inadvertence her date of birth is wrongly mentioned in the Passport as 05.09.1952 instead of 31.10.1952 which is her correct date of birth as mentioned in her birth certificate issued by the competent authority. The petitioner has stated that her correct date of birth is 31.10.1952 which is mentioned in the birth certificate and the same is required to be accepted by the respondent authority.
3. In view of the averments made in the petition, this court is of the opinion that the birth certificate issued by the Municipal authority can be considered as proof of the date of birth and therefore there should not be any difficulty in accepting the application of the petitioner. Moreover, the respondent authority can also accept and consider other relevant evidence, if any, in support of proof of her date of birth which may be supplied by the petitioner along with the application for passport.
4. Considering the submissions made on behalf of the parties, the respondent authority is directed to accept the application of the petitioner along with the relevant documents and to consider the consider the same for issuance of passport in accordance with law within a period of three weeks from the date of receipt of the writ of this court.
5. As the respondent authority will have to undertake the exercise of scrutinizing the case of the petitioner afresh because of the default committed by the petitioner in not placing correct facts at an earlier point of time, a sum of Rs. 5,000/- is ordered to be paid by the petitioner to the respondent authority by way of costs.
6. Accordingly the petition is allowed to the aforesaid extent. Rule is made absolute. Direct Service is permitted.
[K.S. JHAVERI J.]
Divya//
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