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Lijo P.T. v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938 WP(C).No. 31098 of 2016 (J)
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PETITIONER(S):
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LIJO P.T.,
S/O.THOMAS
PARAPPAN HOUSE, KURINJIPADAM,
VELLIKULANGARA P.O.,
THRISSUR, KERALA - 680 699.
BY ADVS.SRI.SHEEJO CHACKO
SRI.ANAND PARATHARA
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI.
2. THE REGIONAL PASSPORT OFFICER,
PANAMPILLY NAGAR, COCHIN - 682 036.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 31098 of 2016 (J) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS -----------------------
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT
BEARING NO.H 4441661 OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE DATED 5/12/2015
ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS MATTATHUR
GRAMA PANCHAYAT.
EXHIBIT P3 TRUE COPY OF THE FIRST PAGE OF THE SSLC BOOK OF
PETITIONER
EXHIBIT P4 TRUE COPY OF THE ORDER NO.L.DIS/EX/CA3/15593/2016/CGE
DATED 19/3/2016 ISSUED BY THE JOINT COMMISSIONER FOR
GOVERNMENT EXAMINATION.
EXHIBIT P5 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT ISSUED BY
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C) No.31098 of 2016 ----------------------------------------------- Dated this the 7th day of October, 2016
JUDGMENT
This writ petition is filed by the petitioner seeking direction to the 2ndrespondent to correct the date of birth and place of birth of the petitioner in terms of Ext.P2 birth certificate and Ext.P4 sanction order issued by the Joint Commissioner for Government Examinations, and for other related reliefs. Brief facts for the disposal of the writ petition are as follows:
2. Petitioner is an Indian citizen having Indian Passport bearing No.H4441661, evident from Ext.P1. The actual date of birth of the petitioner is 31.07.1987. However, the date of birth of the petitioner in the Passport is shown as 01.05.1987. But a mistake has crept into the school records, which was later corrected by the competent authority, evident from Ext.P4. Ext.P2 is the birth certificate issued by the Registrar of Births and Deaths, in which the correct date of birth of the petitioner is shown. When the petitioner has approached the 2ndrespondent for correcting the date of birth and place of
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W.P.(C) No.31098 of 2016 2 birth, petitioner is directed to produce court order so as to consider his application. From Ext.P5, it is evident that application was received by the Passport authorities. According to the petitioner, the mistake is bonafide and correction is not for any undue and unmerited advantage but only for reconciling the date of birth and place of birth as appearing in the Register of Births and Deaths. It is in this background, seeking appropriate direction, this writ petition is filed.
3. Respondents 1 and 2 have filed a statement admitting the receipt of the application submitted by the petitioner for correction of date of birth and place of birth. Regarding the correction of place of birth, as the change sought is within the same district and birth certificate is produced with correct place of birth, the respondents have no objection for the same. It is also stated that, it is after 7 years of using the Passport with date of birth as 01.05.1987 petitioner has now turned up with corrected SSLC and Birth Certificate with date of birth as 31.07.1987 and place of birth as "Mattathur".
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W.P.(C) No.31098 of 2016 3
4. The Regional Passport Office functions under the guidelines of Ministry of External Affairs and as per clause (iii) para 4 of O.M.No.VI/401/2/5/2001 dated 26.11.2015, the Regional Passport Office cannot entertain the petitioner's request for Date of Birth correction. It is also stated that the Office Memorandum was issued pursuant to the observations made by this Court in the judgment dated 23.06.2015 in W.P.(C) No.9073 of 2015 and connected cases. Accordingly, Ministry issued the above specified O.M. which prohibits the Passport Issuing Authorities from entertaining any application for correction of date of birth, if the same is requested 5 years after the date of issue of the Passport. Therefore, the case of the petitioner cannot be entertained.
5. It is also stated that the indiscriminate correction of date of birth in the Passport is causing innumerable difficulties in international level. It is also stated, the Passport issuance by the Indian Government is in accordance with International Civil Aviation Agreement, 1944, to which Government of India is a signatory and in compliance with the regulations stipulated by International Civil Aviation Organization, Montreal. That apart, it is contended, petitioner with his current Passport have
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W.P.(C) No.31098 of 2016 4 already travelled abroad and his personal particulars including date of birth are registered with foreign Government/foreign employers. So any correction/change of entries in the Passport will create uncertainty on the part of foreign authority/employer about the veracity of the personal particulars of the applicant which may lead to denial of visa etc.
6. It is also stated, after using the Passport for a long period, when a person seeking change of entry in the Passport regarding his date of birth will affect the very sanctity of the Passport. That apart, it is submitted, in the absence of any genuine explanation, it has to be presumed that the applicants had played fraud on the authorities while obtaining their Passport initially and therefore such applicants do not deserve any lenient approach from the authorities. It is the further contention, it is not possible to provide a window period for correction of Date of Birth as it may result in flood of fraudulent applications seeking change of date of birth, irreparably damaging the integrity and reputation of Indian Passport and civil documents issuance system globally, leading to unspecified indirect visa and entry restrictions on all Indian
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W.P.(C) No.31098 of 2016 5 citizens.
7. That apart, it is stated, in the case on hand, the respondents would not have any objection in correction of date of birth, the difference in the date of birth shown in the Passport, and claimed to be corrected by the petitioner being less than a year, if the applicant had not put the Passport in use. But as per the averments in the petition, petitioner has already travelled abroad using the Passport. Therefore, it is submitted, there is no illegality or arbitrariness on the part of the respondents in considering the application submitted by the petitioner, evident from Ext.P5.
8. Heard learned counsel for the petitioner and the learned Assistant Solicitor General, and perused the documents on record and the pleadings put forth by the respective parties.
9. The question to be considered is whether there is any illegality on the part of the respondents in considering the application submitted by the petitioner. As discussed above, as per the O.M. dated 26.11.2015, correction of Passport is prohibited, if the correction is sought for after a period of 5 years from the date of issuance of the Passport. Evident from
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W.P.(C) No.31098 of 2016 6 Ext.P1 Passport copy, it is clear, Passport was issued to the petitioner on 25.06.2009. So the period of five years expired during 2014. The application is submitted by the petitioner, evident from Ext.P5, only on 28.01.2016. However, going by the judgment rendered by this Court in W.P.(C) No.599 of 2016 dated 09.03.2016, taking into account the judgment of this Court referred to above, it was held, if there are genuine explanations and if there is no fraud committed on the Passport authority, there is nothing wrong in considering the application if a proper explanation is offered by the applicant in the correction application. The thrust of the contention advanced by the learned Assistant Solicitor General is that, there is no explanation from the side of the petitioner explaining the delay caused in submitting the application.
10. Therefore, even though there is no illegality on the part of the respondents, I am of the considered opinion, interest of justice demands, petitioner is given an opportunity to explain the circumstances under which the delay had occurred in submitting the application for correction of date of birth. On a perusal of Ext.P4, it is categoric and clear, application for correction of date of birth in the school register
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W.P.(C) No.31098 of 2016 7 was allowed by the State Government only on 19.03.2016. The paramount contention of the petitioner is that, in order to have parity in date of birth with the records, it is only appropriate that a correction is carried out in the Passport. Moreover, it is found that in Ext.P2 birth certificate, the date of birth is shown as 31.07.1987. Taking into account all these factors, I think it is only appropriate that petitioner is directed to submit a proper explanation within a time frame, explaining the delay.
11. In that view of the matter, I direct the petitioner to submit explanation with respect to the delay occurred in submitting the application, within two weeks from the date of receipt of a copy of this judgment, and if such an application is received, the same shall be considered by the 2ndrespondent in accordance with law, and take a final decision within one month thereafter.
The writ petition is disposed of accordingly. Sd/-
SHAJI P. CHALY
JUDGE
//true copy// P.S. to Judge St/-
13.10.2016
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