Minor correction in date of birth in passport can be made on the basis of Secondary School Examination Certificate

Rajasthan High Court: While dealing with petition seeking directions to re-issue the passport after making corrections in date of birth of the Petitioner, the bench comprising of Sangeet Lodha J., directed the respondent to re-issue the passport after necessary corrections taking petitioner’s Secondary School Examination Certificate as conclusive and without insisting upon a declaratory order from First Class Judicial Magistrate.

The petitioner was issued a passport in the year 2006. In the passport issued, the date of birth of the petitioner was mentioned as ‘10.4.96’ whereas the actual date of birth of the petitioner is ‘24.1.96’. The petitioner submitted the requisites documents for re-issue of the passport with correct date of birth, along-with the requisite documents, which include the date of birth certificate, Secondary School Examination Certificate, License and PAN card. The correction in the date of birth, as prayed for was refused by the respondent on the ground that date of birth as disclosed by the petitioner is not conforming and matching in the passport office record.

The Court taking note of facts and circumstances of the case said that the correction sought for by the petitioner is very minor correction and it appears to be a bona fide error that her date of birth was wrongly mentioned when she applied for the passport and therefore, the respondents were not held justified in refusing the correction in the date of birth. Therefore, the Court directed the respondent to re-issue the passport after correction in the date of birth of the petitioner, taking the date of birth as mentioned in her Secondary School Examination Certificate as conclusive without insisting upon a declaratory order from First Class Judicial Magistrate.  [Shilpi V. Union of India, 2016 SCC OnLine Raj 5183, decided on 10.08.2016]

 

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