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SCA/8451/2010 1/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8451 of 2010
=========================================================
TRUSHNA
D/O VINUBHAI B PATEL W/O NISHITKUMAR B PATEL - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER & 2 - Respondent(s)
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Appearance
:
MR
MURALI N DEVNANI for
Petitioner(s) : 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/08/2010
ORAL
ORDER
Heard
learned Advocate Mr. Devnani for petitioner. Notice issued by this
court is served on respondent no.1 Regional Passport Officer. As per
statement made by learned advocate Mr. Devnani for petitioner, for
rest of respondents no service has been effected because there is
some difficulty, according to petitioner.
Date
of birth of petitioner was 31.10.1978 at Anand, Taluka and District
Anand. Date of birth has been recorded in birth register at serial
no. 2932 on 4.11.1978. According to petitioner, while admitting
petitioner in school, date of birth of the petitioner was mentioned
as 31.10.1979 instead of 31.10.1978. According to petitioner, there
was discrepancy with regard to date of birth in school leaving
certificate comparing birth register of petitioner, therefore,
petitioner approached respondent no.1 and requested to correct date
of birth mentioned in passport on the basis of birth register but
respondents denied to correct the same and petitioner has been asked
to obtain orders from Court of law.In light of these facts, let
petitioner may make detailed representation to respondent no.1
Regional Passport Officer with a request to correct date of birth in
passport on the basis of birth register which has been obtained by
petitioner within fifteen days from the date of receipt of copy of
this order. After receiving such request/representation from
petitioner, it is directed to respondent NO.1 Regional Passport
Officer to consider representation made by petitioner on the basis
of the observations made by the Division Bench of this Court in case
of Regional Passport Officer versus Kokilaben, 2009(2) GLR 1246.
Relevant Para 9,10,11 and 12 of said decision are quoted as under:
9. We
may indicate that Registration of Births and Deaths Act, 1969 was
enacted to provide for births and deaths and matters connected
therewith, which came into force with effect from 1.4.1970. Chapter
3 of the Act provides for registration of births and deaths and
Section 13 is pertaining to delayed registration of births and
deaths. Sub-section (3) of Section 13 empowers a Magistrate of the
First Class to pass an order in case if birth or death is not
registered within one year by its occurrence. Initial registration
of births and deaths within a period of one year remain with the
authority as provided under sub-section (1) and sub-section (2) of
Section 13 of the Act. Section 15 of the Act deals with correction
or cancellation of entries in the register of Births and Deaths.
Section 15 of the Act, read with Rule 11 of the Gujarat Registration
of Births and Deaths Rules, 2004 provides for detailed procedure to
be followed. It says where it is proved to the satisfaction of the
registrar that any entry of a birth or death in any register kept by
him under this Act is erroneous in form or substance, or has been
fraudulently or improperly made, he may, subject to such rules as
may be made by the State Government with respect to the conditions
on which and the circumstances in which such entries may be or
cancel the entry by suitable entry in original entry, and shall sign
the marginal entry and add thereto the date of the correction or
cancellation. Thus, it is clear that if it is proved to the
satisfaction of the Registrar that entry being erroneous in the
register of births and deaths, and it has been fraudulently or
improperly made, he can make a report giving necessary details to
the officer authorised by the Chief Registrar by general or special
order in this behalf under Section 25 of the Act and on hearing from
him, take necessary action in the matter. Learned Single Judge of
this Court in Nitaben Nareshbhai Patel Vs. State of Gujarat 2008
(1) G.L.R 884 elaborately considered the scope of above mentioned
provisions, and the learned Single Judge also examined at length the
provisions of Gujarat Secondary Education Act, 1972 and Gujarat
Secondary Education Regulation, 1974. With regard to the change of
date of birth entered in the school record, referring to Regulation
12(A), it was stated that if the student has actually left the
school, no change can be effected in the record of the school. For
making a change in the name, as provided under Regulation 12(5)(1),
an application in prescribed proforma with certain documents as
narrated in Regulation 5(1)(A) to (D) are required to be submitted.
Regulation 12(6) deals with correction of date of birth, which is
permissible only when student is studying in the school, and
thereafter it can be corrected by the concerned Magistrate of First
Class, upon proof of correct birth date.
10. Reference
may also be made to the order passed by the Division Bench of this
Court in Letters Patent Appeal No. 699 of 2003 in Special Civil
Application No. 8122 of 2003, decided on 11.8.2003 (unreported). In
Minor Jagdishbhai Prabhatbhai Gohil Vs. State of Gujarat and others,
referring to Gujarat Secondary Education Regulation, this Court
took the view that the only remedy available to the party with
regard to correction of date of birth/place of birth is to approach
the authority for redressal of his grievance as provided under
Section 13 of the Act.
11. The
above discussion would amply show that for carrying out correction
of date of birth or place of birth or name, powers have been
conferred under the Act on the Registrar as well as the Judicial
Magistrate, as the case may be, and also Magistrate First Class when
the correction is sought to be made in school record, which is
governed by Gujarat Secondary Education Act, 1972 and Regulation
framed thereunder.
12. We
are therefore, clearly of the view that Passport Authorities are not
expected to make their own independent enquiry when there is a
dispute or difference with regard to the date of birth, place of
birth or name entered in the Passport, especially when entries were
once made on the basis of records produced by the Passport holder.
If there is any mistake on the records already produced, based on
which entries were already made, then it is for the party who seeks
correction to produce documents after carrying out necessary
correction by the concerned statutory authorities, Judicial
Magistrate or the Civil Court, as the case may be. Passport
Authorities are always competent to direct the parties to produce
relevant documents either from the authorities functioning under the
Births and Deaths Register or from the Judicial Magistrate or from
the Civil Court, as the case may be. On production of corrected
documents, Passport Authorities will immediately carry out necessary
correction in the Passport.
In
view of the aforesaid observations made by Division Bench of this
Court, it is directed to Regional Passport Officer to consider
application/representation made by petitioner and examine it and
pass appropriate reasoned orders in accordance with law within
period of one month from the date of receipt of such representation
from petitioner and communicate decision to petitioner immediately
thereafter.
With
these observations and directions, this petition is disposed of
without expressing any opinion on merits. Direct Service is
permitted.
(H.K.
Rathod,J.)
Vyas
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