Thursday, 11 August 2016
When date of birth in passport can be corrected without declaration by Magistrate?
Admittedly, in the instant case, the correction sought by
the petitioner is only with regard to the date and month wherein
she was born in the year 1996. The petitioner has produced the
proof of her correct date of birth i.e. Secondary School
Examination Certificate and PAN card. In considered opinion of
this court, 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, on the facts and in the circumstances of
the case, the respondents are not justified in refusing the
correction in the date of birth, as prayed for.
Accordingly, the writ petition is allowed. The respondents
are directed to re-issue the passport after correction in the date
of birth of the petitioner as prayed for, 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.
RAJASTHAN HIGH COURT
MS SHILPI VS. UNION OF INDIA & ORS.
(S.B.CIVIL WRIT PETITION NO.6598/14)
Dated:- 10.8.16
HON'BLE MR. JUSTICE SANGEET LODHA
https://www.lawweb.in/2016/08/when-date-of-birth-in-passport-can-be.html
the petitioner is only with regard to the date and month wherein
she was born in the year 1996. The petitioner has produced the
proof of her correct date of birth i.e. Secondary School
Examination Certificate and PAN card. In considered opinion of
this court, 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, on the facts and in the circumstances of
the case, the respondents are not justified in refusing the
correction in the date of birth, as prayed for.
Accordingly, the writ petition is allowed. The respondents
are directed to re-issue the passport after correction in the date
of birth of the petitioner as prayed for, 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.
RAJASTHAN HIGH COURT
MS SHILPI VS. UNION OF INDIA & ORS.
(S.B.CIVIL WRIT PETITION NO.6598/14)
Dated:- 10.8.16
HON'BLE MR. JUSTICE SANGEET LODHA
https://www.lawweb.in/2016/08/when-date-of-birth-in-passport-can-be.html