Nissam .V.Y. V. Regional Passport Officer, Ministry of External Affairs and Union of India, represented by Secretary, Ministry of External Affairs

WP(C)/20257/2023

AI Insights

The case involves Nissam .V.Y., the petitioner, who sought to correct his date of birth in his Indian passport from 16.02.1980 to 18.02.1986, claiming it was a clerical error by his travel agent. The Regional Passport Officer (1st respondent) rejected this request, leading to the filing of the writ petition. The court considered the substantial delay in filing the correction request and referenced previous rulings and administrative orders that discourage such late corrections unless genuinely warranted. The court concluded that the delay was unexplained and the request for correction was not bona fide.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 799748 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 12-12-2023
• Assessment Year: misc
• Other Referred Cases: Vasu Sasi v. Union of India [2020 (4) KHC 405]
• Laws Referred To: O.M.Nos. VI/401/2/5/2001, O.M.Nos. VI/401/2001
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: S MANU
• Assessee Lawyers: V S MANSOOR; S RAFI; AKHIL BINOY
• Keywords: Date of birth correction; Passport; Unexplained delay; Administrative lapse

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945 WP(C) NO. 20257 OF 2023 PETITIONER: NISSAM .V.Y., AGED 37 YEARS SON OF. YUSUSF V.E, VELLAPLACKAL, NADACKAL P.O., KOTTAYAM(DIST.) - 686124 BY ADVS. V.S.MANSOOR S.MOHAMMED AL RAFI AKHIL BINOY RESPONDENTS: 1 REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PANAMPILLY NAGAR, COCHIN - 682036 2 UNION OF INDIA., REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, CENTRAL SECRETARIAT NEW DELHI, PIN – 682011 R BY DSGI ADV.S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20257 OF 2023 : 2 JUDGMENT The petitioner is the holder of an Indian passport bearing No.M9876698 dated 08.11.2015, which is valid up to 07.11.2025. He submitted an application for correction of date of birth in his passport as 18.02.1986 instead of 16.02.1980. It is contended that the mistake occurred in his passport only due to the lapse on the part of the travel agent, who procured the passport for him. The 1st respondent, the Regional Passport Officer rejected his application by Ext.P8. The petitioner submits that when Ext.P2 birth certificate, Ext.P3 driving licence, Ext.P4 PAN card, Ext.P5 marriage certificate, Ext.P6 Aadhar card and Ext.P7 S.S.L.C certificate reflect the date of birth of the petitioner as 18.02.1986, the 1st respondent ought to have WP(C) NO. 20257 OF 2023 : 3 corrected the date of birth in the passport. Challenging Ext.P8, the writ petition is filed. 2. Heard the learned counsel for the petitioner and the learned DSGI. 3. A statement has been filed by the learned DSGI on behalf of the 1st respondent wherein it is stated that the date of birth entered in the passport is 16.02.1980 and the petitioner wants the same to be corrected as 18.02.1986 and there is a difference of six years which cannot be treated as an inadvertent clerical mistake. The 1st respondent states that the petitioner has obtained his initial passport on 05.12.2005 and that when the passport was reissued from time to time, on expiry, the petitioner did not take steps to correct the alleged defect. The present application for correction made after lapse of 18 years cannot be WP(C) NO. 20257 OF 2023 : 4 treated as a bona fide one. The learned DSGI relies on O.M.Nos. VI/401/2/5/2001 dated 26.11.2015 and VI/401/ 2001 dated 22.09.2016, which provide that the passport issuing authority shall correct the date of birth after the expiry of 5 years only if the request for correction of date of birth is found to be genuine. The learned DSGI also relies on the decision reported in Vasu Sasi v. Union of India [2020 (4) KHC 405] wherein this Court has held that no writ can be issued for correction of date of birth in passport after the expiry of a long period, with unexplained delay. 4. The petitioner is holding the passport for more than 18 years. There is no justification on the part of the petitioner in not taking steps to correct the alleged mistake in the passport on the issuance of passport or on the re-issuance of the WP(C) NO. 20257 OF 2023 : 5 same. There is unexplained delay in making the request for correction. The belated request for correction of date of birth cannot be treated as genuine. Therefore, in the light of the dictum laid down in Vasu Sasi (supra), I am not inclined to interfere with the order rejecting the correction of date of birth in the passport of the petitioner. The writ petition is accordingly dismissed. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 20257 OF 2023 : 6 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT ISSUED TO PETITIONER Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY BHARANANGANAM GRAMA PANCHAYATH DATED:- 29/12/2021 Exhibit P3 TRUE COPY OF THE DRIVING LICENSE ISSUED TO THE PETITIONER Exhibit P4 TRUE COPY OF THE PAN CARD ISSUED TO THE PETITIONER BY INCOME TAX DEPARTMENT Exhibit P5 TRUE COPY OF CERTIFICATE OF MARRIAGE DTD: 26/8/2022 Exhibit P6 TRUE COPY OF AADHAR CARD Exhibit P7 TRUE COPY OF THE SSLC CERTIFICATE ISSUED TO THE PETITIONER Exhibit P8 TRUE COPY OF THE SAID ORDER DTD: 9/12/2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER RESPONDENT ANNEXURES ANNEXURE R1(A) A COPY OF THE SSLC CERTIFICATE OF THE PETITIONER "