1.Rule. Service of rule is waived by Ms.P.J.Davawala, learned Additional Standing Counsel for the respondent.
2.In this petition under Article 226 of the Constitution of India, petitioner Patel Devendra Jashabhai has prayed for a direction to the Regional Passport Officer to correct the mistake in the date of birth recorded in the petitioner's passport.
3.It has been stated in the petition that the petitioner was born at Ahmedabad and the birth date of the petitioner as per the School Leaving Certificate is 07.07.1973. The respondent authority has issued a passport bearing No.A-9637646 on 21.5.2001 to the petitioner showing the date of birth as 7.3.1973. It has been further stated that the petitioner has already applied to the passport authority by an application dated 3.7.2001 for correcting the date of birth as 7.7.1973 instead of 7.3.1973. The application of the petitioner is however yet not decided by the authority and therefore the petitioner has filed this petition praying that the respondent authority be directed to correct the date of birth in passport according to School Leaving Certificate as 7.7.1973 instead of 7.3.1973.
4.The learned counsel for the petitioner has also relied upon the judgment of the Bombay High Court in the case of Jigar Harish Shah Vs. Union of India and Another reported in AIR 2001 Bombay 60, on page 61 the Court has observed as under:
"We therefore, instead of issuing a direction to the Judicial Magistrate in this matter, direct the Passport Authority itself to hold an enquiry on hearing the petitioner in relation to the petitioner's claim about his correct date of birth and in case the Passport Authority is satisfied with regard to the claim put forth by the petitioner, we further order it to effect the necessary change in the Passport issued in favour of the petitioner. Petition is allowed in the above terms. Rule is made absolute."
5.In view of aforesaid observation and in view of the fact that the explanation given by the petitioner appears to be plausible, I therefore direct the passport authority that if this type of mistake is occurred it is for the passport authority to correct the same. It is not the function of this Court to correct the same. I therefore direct the respondent authority to issue the passport with the correct birth date as stated by petitioner and decide the application of the petitioner in accordance with law as expeditiously as possible but not later than 31st August, 2001.
6.In view of the above, the petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent. D.S. permitted.