Jayant Patel, J.:— Rule. Mr. N.J Shah for Mr. D.N Patel for respondent waives service of Rule. With the consent of parties matter is taken up for final hearing today.
2. The contention raised by the petitioner is that the passport was already issued and the same was expired on 23.3.2003 However, the birth-date initially in the passport was recorded as 2.8.1962 whereas the correct birth-date is 2.9.1962 The petitioner submits that he wants to submit application for new passport with correct birth date, however, the authorities have declined to consider the same in the absence of any order passed by this Court.
3. On behalf of passport authorities it has been submitted that earlier on the basis of school leaving certificate passport has been issued. If this Court directs the passport authorities, they will consider the matter.
4. Mr. Bhakta for the petitioner submits that in similar matters this Court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders, and thereafter, to incorporate necessary correction(s) in the new passport.
5. In view of the above, the respondent is directed to consider the case of the petitioner for change in birth date from 2.8.1962 to 2.9.1962 at the time when the application for new passport is considered for the purpose of issuing the passport. However, the petitioner shall pay costs of Rs. 2,500/- to the respondent authorities since the passport authorities cannot be saddled with the costs of litigation.
6. It is clarified that this Court has not gone into the legality and validity and genuiness of the above correction(s).
7. Any order passed by the passport authority shall not give any additional right to the petitioner, in any other field, on account of the change, including that of service or any other field. Petition is allowed accordingly. Rule is made absolute.
8. Direct service is permitted.
9. Petition Allowed.