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Patna High Court

Shouzeb Sharique NeyaziversusThe Union of India

Decided
Disposal
DISPOSED

Holding

A genuine matriculation certificate is a valid proof of date of birth, and the passport authority must correct the DOB in the original passport and renew it.

Summary

The petitioner, Shouzeb Sharique Neyazi, filed a writ petition seeking the acceptance of his matriculation certificate as valid proof of his date of birth and the issuance of a corrected passport. He alleged that a discrepancy between the date of birth in his earlier passport and the one in his matriculation certificate led the Regional Passport Officer to refuse processing his application. The petitioner relied on the Passport Rules, 1980 (as amended 2016), Section 24 of the Passport Act, 1967, and a 2016 Ministry of External Affairs notification that recognize school leaving or matriculation certificates as valid proof of birth. The respondents argued that existing guidelines, including a 2025 notification, govern corrections to date of birth and that the petitioner must comply with those procedures. The Court, citing the precedent Nida Amina Ahmad v. Union of India (2023), held that a genuine matriculation certificate is an acceptable document for proof of birth and directed the passport authority to examine it, correct the date of birth in the original passport if found genuine, and renew the passport without undue delay. The petition was consequently disposed with the said directions.

Issues considered

  • Whether a matriculation certificate is a valid document for proof of date of birth under the Passport Act and Rules.
  • Whether the Regional Passport Officer must correct the date of birth in the existing passport based on the matriculation certificate and renew it.

Legislation cited

Subjects

  • passport
  • date of birth
  • matriculation certificate
  • proof of birth
  • Section 24
  • Passport Rules
  • correction of passport
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.10498 of 2025
                 ======================================================
                 Shouzeb Sharique Neyazi Son of Mohammad Sharique Hussain Nayazi,
                 Resident of Flat No.A-1105, Expression Exotica, Gola Road, Danapur,
                 Danapur Cantt P.S.- Rupaspura, District- Patna.
                                                                         ... ... Petitioner/s
                                                   Versus
           1.     The Union of India through the Secretary, Ministry of External Affairs,
                  Government of India, South Block, New Delhi.
           2.    The Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.
           3.    The Secretary Ministry of External Affairs, Govt. of India, New Delhi.
           4.    The Regional Passport Officer, Passport Seva Kendra, Aaron IT Park, PLot
                 No. VI/I and 2, Patliputra Industrial Estate Patna, Bihar.
           5.    The Officer-in-Charge, Passport Verification Cell, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Maria Nazir, Adv.
                 For the Respondent/s     :        Mr. Alok Kumar, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   11-05-2026                      Heard Ms. Maria Nazir, learned counsel for the

                   petitioner and Mr. Alok Kumar, learned CGC representing the

                   Union of India.

                               2.       The instant writ petition has been filed for

                   directing the respondents to accept the petitioner’s matriculation

                   certificate as valid proof of date of birth and to issue passport to

                   the petitioner in accordance with law after reopening the

                   petitioner’s         passport     application       bearing   File     No.

                   PA1070118895824.

                               3. Learned counsel for the petitioner submits that in

                   order to obtain a passport certificate while the petitioner was a
Patna High Court CWJC No.10498 of 2025(2) dt.11-05-2026
                                            2/4




          minor, there has been some discrepancies in the date of birth

          which was mentioned in the application form and owing to such

          discrepancies which had occurred in the application form for

          seeking issuance of passport, the date of birth which has been

          referred in the matriculation certificate has come under cloud.

          This petitioner is said to have obtained his matriculation

          certificate in his favour after having passed the Matriculation

          Examination, which is said to have been conducted in the year

          2022 by the Central Board Secondary Examination and on the

          strength of such Matriculation Certificate, the petitioner is said

          to have applied for issuance of fresh/renewed passport and

          owing to there being some discrepancies in the earlier date of

          birth, which is mentioned in the earlier passport, the Regional

          Passport Officer has refused to process the said application.

                      4. It is the case of the petitioner that under Passport

          Rules, 1980 (as amended, 2016) for the purpose of verifying the

          date of birth, the Matriculation certificate has also been declared

          to be a valid document for proof of birth and, accordingly, a

          Notification to this effect has also been issued by the Ministry of

          External Affairs which is notified on 23.12.2016, in terms of the

          powers conferred under Section 24 of the Passport Act, 1967,

          which goes to show that for proof of birth certificate issued by
Patna High Court CWJC No.10498 of 2025(2) dt.11-05-2026
                                            3/4




          the Registrar of Births & Deaths or the Municipal Corporation

          or any other authority prescribed under Section 2(ii) Transfer to

          school leaving or matriculation certificate issued by the

          recognized school last attended or recognized educational board

          having the date of birth of the applicant has been recognized to

          be a valid document and similar issues having been put to

          challenge before this Court and the Co-ordinate Bench in the

          case of Nida Amina Ahmad v. The Union of India & Ors.

          (CWJC No. 16471 of 2021) vide its judgment dated 21.02.2023

          has held that for change of date of birth, the matriculation

          certificate shall be considered to be the valid proof of date of

          birth and accordingly, the Regional Passport Officer, Passport

          Seva Kendra, Aaron IT Park, Plot No. VI/I & 2, Patliputra

          Industrial Estate, Patna, Bihar may be directed to make

          necessary correction in the original passport, which presently is

          said to have expired and upon making necessary correction, the

          said passport may be directed to be renewed.

                      5. On the other hand, learned counsel appearing for

          Respondents no. 1 to 4 submits that the discrepancies which

          have occurred in the original passport for which there is already

          a guideline issued and the requisites for making such corrections

          in the date of birth had already been notified by the Ministry of
             Patna High Court CWJC No.10498 of 2025(2) dt.11-05-2026
                                                         4/4




                       External Affairs through its Notification 24.02.2025 in exercise

                       of the powers conferred by section 24 of Passport Act, 1967, the

                       appropriate authority may accordingly be directed to take

                       necessary decisions and as also taking cue from the judgment

                       rendered by the Co-ordinate Bench.

                                   6.    Considering the submission of the parties, this

                       Court directs the Regional Passport Officer, Passport Seva

                       Kendra, Aaron IT Park, Plot No. VI/I & 2, Patliputra Industrial

                       Estate, Patna, Bihar to examine the matriculation certificate of

                       this petitioner and once, such documents are found to be

                       genuine, then in terms of the guidelines issued by the Ministry

                       of External Affairs through its Notification 24.02.2025,

                       appropriate decisions shall be taken and necessary correction in

                       the date of birth in the original passport shall be made and the

                       same shall be renewed at the earliest, if there is no other legal

                       impediment.

                                   7.    The writ petition stands disposed of with the

                       aforesaid observation and direction.



                                                    (Ajit Kumar, J)
    perwez

U


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