Abdul Majeed V. Regional Passport Officer, Ernakulam

WP(C)/30091/2012

AI Insights

The case involves Abdul Majeed, the petitioner, who faced issues with the Regional Passport Officer in Ernakulam regarding the verification of his date of birth for passport issuance. The petitioner argued that his SSLC certificate, which recorded his date of birth as 4.2.1964, should be sufficient for verification, referencing a previous court decision (Swapna Siju v. Union of India) that supported the use of such documents for individuals born before 1989. The respondent had required a court order for verification, which the petitioner contested. The court agreed with the petitioner, directing the respondent to accept the SSLC certificate and proceed with the passport application.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 689586 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 17-12-2012
• Assessment Year: misc
• Other Referred Cases: Swapna Siju v. Union of India
• Laws Referred To: Swapna Siju v. Union of India (2012 (4) KLT 419)
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P NAIR
• Assessee Lawyers: KHADEEJA YOUSUF
• Keywords: Passport issuance; Date of birth verification; SSLC certificate

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934 WP(C).No. 30091 of 2012 (J) --------------------------- PETITIONER(S)/PETITIONER : ---------------------------------------- ABDUL MAJEED, THEKKELEVALAPPIL HOUSE, MUTHUVAMMEL, P.O.KOCHANNOOR, TRICHUR DIST. BY ADV. SMT.KHADEEJA YOUSUF RESPONDENT(S): ------------------------ REGIONAL PASSPORT OFFICER, ERNAKULAM ,KOCHI-36. BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 30091 of 2012 (J) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 :- COPY OF THE RELEVANT PAGES OF PASSPORT. EXT.P2 :- COPY OF THE RELEVANT PAGE OF SSLC BOOK. EXT.P3 :- PHOTO COPY OF THE ONLINE APPLICATION RECEIPT VIDE APPLICATION REFERENCE NO 12-1002718489 DTD 16/11/2012. EXT.P4 :- PHOTOCOPY OF THE ELECTION COMMISSION OF INDIA, IDENTITY CARD NO IRE0071795 DTD 26/2/2009. EXT.P5 :- PHOTOCOPY OF THE PAN CARD ISSUED BY INCOME TAX DEPARTMENT GOVERNMENT OF INDIA VIDE NO. AQEPA 7378 M. RESPONDENTS' EXHIBITS : NIL / TRUE COPY/ NS P.A. TO JUDGE T.R.RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 30091 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 17th DAY OF DECEMBER, 2012 JUDGMENT The legal issue raised in this writ petition is covered in favour of the petitioner in the light of the decision of this Court in Swapna Sijuv. Union of India (2012 (4) KLT 419). 2. The date of birth of the petitioner is 4.2.1964. The petitioner has produced the copy of the SSLC certificate, viz. Ext.P2. It is stated that an online application was submitted by the petitioner and now he is directed to get a court order, going by the endorsement in Ext.P3. Learned counsel for the petitioner submits that the same is not required in the light of the fact that the petitioner is having a valid document, viz. SSLC certificate wherein the date of birth has been properly recorded. It can be accepted, since the date of birth of the petitioner is prior to the year 1989. 3. This Court in the above judgment, has declared that as far as the parties whose date of birth is prior to 1989 are concerned, the SSLC certificate can be accepted for verifying the entry regarding date of birth. In the light of the above, the petitioner need not get a declaration separately from a court law. W.P.(C).No.30091/12 -2- There will be a direction to the respondent to verify the documents produced by the petitioner and take appropriate action with regard to the application submitted for issuance of passport. The petitioner will file an affidavit explaining the circumstances under which the mistake has occurred earlier. An appropriate decision will be taken within a period of three weeks form the date of production of a certified copy of this judgment along with a copy of the writ petition. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) kav/ "