The petitioner has approached this Court seeking for a direction to correct his name and date of birth in the passport. According to the petitioner, he had applied for reissuance of the passport before the 2nd respondent after the expiry of his old passport. But the petitioner received a communication from the 2nd respondent to furnish a court declaratory order since the name and date of birth shown in the application differs from the data available in his old passport. The old passport shows his date of birth as 23/01/1968. He submits that his actual date of birth is 04/03/1977 as borne out from the extract of school admission register. Copy of Voter’s Identity card is also produced to prove his correct name.
2. Learned counsel for the petitioner relies upon the judgment of this Court in Nazar Vs. Union of India [2013 W.P.C.No.13743/2014 2 (4)KLT 34] in order to contend that Passport Officer can enquire as to whether the extract of his school admission register is genuine or not and such documents can also be considered for effecting correction of the date of birth.
3. Heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General.
4. Though as held in Nazar's case (supra), the Passport Officer can rely upon the extract of school admission register as well after conducting necessary enquiry, this is an instance where the difference in date of birth is more than nine years. Prima facie, the Passport Officer is not an authority to consider the genuineness or otherwise of the documents produced. He can only rely upon the enquiry report submitted by the police or other authorities. It is clear from the averments made in the writ petition that, prima facie, the petitioner was involved in giving incorrect particulars. This matter has to be enquired into by the Passport Officer concerned. Under what W.P.C.No.13743/2014 3 circumstances, the previous passport has been issued is also to be enquired into before considering petitioner's request for change in the date of birth as well as his name.
Under these circumstances, the writ petition is disposed of directing the respondent to consider the entire factual matter involved in this matter and take appropriate proceedings in accordance with law.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr