Heard Mr. Ketan Shah, learned advocate for the petitioner and Mr. Y.V.Vaghela learned advocate for the respondent.
2. The petitioner has preferred present petition seeking below mentioned relief:
A) That the Hon'ble Court may be pleased to admit this petition.
B) That the Hon'ble Court may be pleased to allow this Special Civil Application by directing respondent authority to decide the application of the petitioner for seeking appropriate correction in the date of birth as well as in the place of birth in the facts and circumstances of the present case.
C) Pending admission hearing and final disposal of this petition, this Hon'ble court may be pleased to direct respondent passport authority to decide the application of the petitioner requesting for necessary correction in the interest of justice.
3. It has emerged from the submissions made by the learned advocates for petitioner and the respondent that while submitting application for passport, the petitioner had supplied School Leaving Certificate in support of the details mentioned in his application. The passport authorities relied on the documents attached to her application and on that, basis recorded necessary details in the passport, which include the details related to petitioner's birth date and her place of birth.
4. However, the petitioner has now come out contending that the passport authority has committed mistake in recording the place of birth as well as her birth date.
5. So far as the grievance regarding the petitioner's birth date recorded in passport is concerned, the petitioner shall have to approach the competent court authority in light of the decisions of this court in Special Civil Application No. 23471 of 2007 and allied matters and also Special Civil Application No. 1638 of 2006 and other connected matters wherein it is held that the birth date recorded in the passport is recorded on the basis of details reflected from the School record.
6. However, so far as the details regarding the petitioner's place of birth is concerned, even the School Leaving Certificate reflects, "Limbasi" as the petitioner's place of birth whereas, the passport authority recorded has petitioner's place of birth as Village-Rampur, Dist.-Ahmedabad. It appears, prima facie,that the said detail is not correctly recorded though it is claimed to have been recorded on the basis of the document placed before the authority, it would be appropriate to direct the applicant to make fresh request to the passport authority, to make necessary correction on the basis of the details mentioned in the documents submitted alongwith the application. If such a re-presentation is made, the passport authority will take into consideration and pass necessary and appropriate orders.
7. So far as the grievance about petitioner's date of birth is concerned, Mr.Shah, learned advocate for the petitioner has submitted that the petitioner shall take out appropriate proceedings before the competent court. It will be open to the petitioner to take out appropriate proceedings before appropriate court, so far as her grievance regarding the alleged mistake regarding birth date is concerned.
With aforesaid, clarification and observations, present petition stands disposed of.
Direct service is permitted.
(K.M.Thaker,J.) Dharmendra Top