JUDGMENT
Mohan M. Shantanagoudar, C.J. The appellant herein is the writ petitioner in W.P.(C)No.13159/15. The writ petition was filed seeking correction ofdate of birth in the passport issued to him in the year 1983.Learned Single Judge dismissed the writ petition holding that thecorrection cannot be carried out in the passport after a long lapseof time. Hence this writ appeal.2. Records reveal that the date of birth was recorded in thepassport issued to the appellant as 27.1.1958. The case of theappellant is that as per Ext.P3, Secondary School Leavingcertificate, his date of birth is 27.1.1961. In other words, he wantsto get his date of birth corrected in the Passport, based on Ext.P3,Secondary School Leaving certificate, after 20 years.
2
Writ Appeal No.1648 of 2016 : 2 :
3. Heard the learned counsel for the parties and perused theimpugned judgment.4. The learned Single Judge has rejected the writ petitionholding that the correction of date of birth in the passport, aftermany number of years is not possible especially, because thepassport discloses the identity of the citizen in his travels,residence and employment abroad and the date of birth declaredthereon cannot be easily corrected.5. Moreover, the learned Single Judge may be justified inobserving that the date of birth as shown in the Secondary SchoolLeaving certificate, may be based on a declaration made either bythe petitioner during his minority or his parents and hence noreliance can be placed on that when the petitioner himself haddeclared a different date of birth before the passport authorities.According to us, the judgment of the learned Single Judge isjustified.
3
Writ Appeal No.1648 of 2016 : 3 :
6. Learned Standing Counsel appearing for the CentralGovernment submits that as per the Office Memorandum dated 26 th November 2015 issued by the Ministry of External Affairs, NewDelhi, if an applicant applies for change of date of birth in thepassport within a reasonable period of time i.e., within a span offive years from the date of issue of passport having the allegedwrong date of birth, with the birth certificate issued by theRegistrar of Births and Deaths stating that the date of birthrecorded in the passport was based on the entries mentioned indocuments other than the Birth Certificate, the request of such anapplicant, irrespective of the difference in the dates of birth, can beconsidered by the Passport Issuing Authority. In cases where theapplicant comes to the Passport Issuing Authority for change orcorrection with regard to date of birth in the Passport after aperiod of five years from the date of issue of passport with allegedwrong date of birth, no such request can be accepted.
4
Writ Appeal No.1648 of 2016 : 4 :
7. In the matter on hand, the writ petitioner has sought forchange of date of birth after a lapse of 20 years, that too, based onthe SSLC certificate and not on the birth certificate issued by theRegistrar of Births and Deaths. 8. In the entire facts and circumstances of the case, we findno illegality or irregularity in the impugned judgment. Appeal failsand it is dismissed accordingly.All pending I.As. shall stand closed. Sd/-
MOHAN M.SHANTANAGOUDAR
CHIEF JUSTICE
Sd/-
ANTONY DOMINIC
JUDGE
jes
5