MOHAMED ASHRAF.P V. UNION OF INDIA

WP(C)/30852/2013

AI Insights

The case involves Mohamed Ashraf. P, the petitioner, who sought judicial intervention to correct his date of birth in his passport from 30.05.1959 to 30.05.1964, as per the records of his school admission register. The respondents, including the Union of India and the Passport Officer, Kozhikode, had previously denied the correction request citing a requirement for an SSLC book extract for applicants born before 26.01.1989, referencing a law from a prior case (Swapna Siju Vs. Union of India). However, the petitioner argued that he had not completed SSLC and thus could not provide the required document, citing another case (Nazar Vs. Union of India) which supported his position. The court, acknowledging the petitioner's inability to produce the SSLC book, directed him to submit an online application with an affidavit and other documents, which the respondents are to process within three weeks.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 745816 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-12-2013
• Assessment Year: misc
• Other Referred Cases: Swapna Siju Vs. Union of India, Nazar Vs. Union of India
• Laws Referred To: Swapna Siju Vs. Union of India (2012 (4) KHC 38), Nazar Vs. Union of India (2013 (4) KLT 34)
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P NAIR
• Assessee Lawyers: V N NAMBISAN
• Keywords: Date of birth correction; Passport; SSLC Book; Online Application

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH DAY OF DECEMBER 2013/28TH AGRAHAYANA, 1935 WP(C).No. 30852 of 2013 (F) ---------------------------- PETITIONER(S): ------------------------ MOHAMED ASHRAF. P, S/O.MOHAMED ABUBACKER. P., AGED 49 YEARS, RESIDING AT PULIKALAKATH HOUSE, PUTHARIKKAL, P.O. PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN. RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110 001. 2. CONSULATE GENERAL OF INDIA, INDIAN EMBASSY, RIYADH, U.A.E. 3. THE PASSPORT OFFICER, KOZHIKODE, PIN-673 001. BY ADV. SRI.P. PARAMESWARAN NAIR, ASG. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 30852 of 2013 (F) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT NO.Z 1978380. P2: COPY OF THE EXTRACT OF THE ADMISSION REGISTER ISSUED BY THE HEADMASTER, B.E.M. HIGH SCHOOL, PARAPPANANGADI ON 26.11.2013. P3: PHOTOCOPY OF PERMANENT ACCOUNT (PAN)NO.AOWPM3555N ISSUED TO THE PETITIONER BY THE INCOME-TAX DEPARTMENT. P4: COPY OF THE I.D. CARD ISSUED TO THE PETITIONER BY THE ELECTION COMMISSION OF INDIA. P5: COPY OF DRIVING LICENCE NO.55/1886/1984 ISSUED TO THE PETITIONER BY THE R.T.O., TIRUR. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 30852 of 2013 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 19th day of December, 2013 JUDGMENT The petitioner has approached this Court seeking for a direction to the respondents to correct the entry in respect of his date of birth in the passport. 2. The case of the petitioner is that, the actual date of birth of the petitioner is 30.05.1964, as borne by Ext. P2 extract of admission register, whereas the same happened to be entered wrongly in the passport as 30.05.1959. It is stated that, though the petitioner preferred a request for correction of date of birth, along with Ext. P2, the same was not entertained by the respondent, stating that as far as the applicants born before 26.01.1989 are concerned, copy of extract of the SSLC book ought to have been produced for correction of date of birth, in view of the law declared by this Court in Swapna Siju Vs. Union of India (2012 (4) KHC 38). 3. The learned counsel for the petitioner submits since the petitioner has not completed SSLC, he is not in a position to produce the extract of the relevant pages of SSLC book. As per the law declared by this Court in Nazar Vs. Union of India (2013 (4) KLT W.P.(C) No. 30852 of 2013 : 2 : 34), production of SSLC book is not necessary in respect of the persons who have not completed SSLC and have left school before that. 4. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an on-line application along with an affidavit explaining how the mistake has occurred. 5. In the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the respondents, passing appropriate orders within a period of three weeks thereafter. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, (JUDGE) kmd "