1. Petitioner is the holder of Indian Passport in which his date of birth is shown as 15.3.1969. According to the petitioner, the same was a mistake and his actual date of birth is 15.5.1976. He has produced Ext.P3 extract of school admission register. Petitioner relies upon the judgment of this Court in Swapna Siju v. Union of India and another (2012 (4) K.L.T. 419) in which this Court has indicated that, the passport issuing authority has the discretion to correct the date of birth in the passport, if the authority found that the previous entry was a mistake and the actual date of birth of the applicant as per the school records is correct. According to the petitioner, the respondent authority is not issuing the passport in the correct date of birth and insisting for declaratory order from the civil court.
2. Since this Court had already decided the issue in Swapna Siju's case (Supra), I am of the view that this writ petition can be disposed of W.P.(C)No.8361/2014 -:2:-
directing the respondent Passport Officer to issue a fresh passport in the name of the petitioner with the date of birth as mentioned in Ext.P3, without insisting for a declaratory order from the civil court. Writ petition is disposed of accordingly.
A.M.Shaffique, Judge.
sl.