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Patna High Court

Asfar Mahin AnsariversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The order refusing the passport was set aside, and the Regional Passport Officer was directed to issue a fresh passport based on the valid corrected birth certificate.

Summary

The petitioner, Asfar Mahin Ansari, challenged a letter dated 20‑12‑2024 issued by the Deputy Passport Officer, Patna, which refused his passport application on the basis of a cancelled 1998 birth certificate despite having a corrected birth certificate issued in 2013 showing a different date of birth. He contended that the refusal violated Articles 14, 19 and 21 of the Constitution and ignored the Passport Act, 1967, its rules, and a 2015 Ministry of External Affairs memorandum permitting correction of date of birth after attaining majority. The respondents argued that the application for correction was closed and the petitioner should file a fresh application. The High Court examined whether the passport authority had jurisdiction to reject the corrected certificate and whether the refusal was arbitrary and unconstitutional. Finding that the impugned order ignored the statutory guidelines and constitutional safeguards, the Court set aside the order and directed the Regional Passport Officer to process a fresh passport within two weeks. The writ petition was consequently disposed of.

Issues considered

  • Whether the refusal to issue a passport on the basis of a cancelled birth certificate violates Articles 14, 19 and 21 of the Constitution.
  • Whether the passport authority is bound to accept a corrected birth certificate under the Passport Act, 1967 and the 2015 Ministry of External Affairs memorandum.
  • Whether the petitioner is entitled to a writ of mandamus/ certiorari directing issuance of the passport.
  • Whether the passport authority had jurisdiction to reject the application for correction of date of birth.

Legislation cited

Subjects

  • passport issuance
  • birth certificate correction
  • date of birth amendment
  • constitutional rights
  • mandamus
  • certiorari
  • administrative law
  • Passport Act

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5514 of 2025
     ======================================================
     Asfar Mahin Ansari Son of Md. Zeya Equbal, Resident of Bahadurganj, P.O.
     and P.S- Laheriasarai, VTC- Dumduma, District- Darbhanga.

                                                             ... ... Petitioner/s
                                      Versus
1.   The Union of India through the Secretary, Ministry of Home Affairs, Govt.
     of India, 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, Patna, Maurya Lok Complex, D-Block, P.S.-
     Kotwali, District- Patna.
5.   The Deputy Passport Officer, Patna, Maurya Lok Complex, D-Block, P.S.-
     Kotwali, District- Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr.Rajat Kumar Tiwary
                                      Mrs.Deepika Sharma
     For the Respondent/s    :        Mr.Subodh Kumar Jha, Sr. CGC
                                      Mr.Ram Tujabh Singh, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                           ORAL JUDGMENT
      Date : 16-03-2026

                        In the instant petition, petitioner has prayed for the

     following relief(s):-

                                            “(i) For issuance of appropriate
                                 writ/writs, order/orders, direction/directions
                                 in the nature of certiorari for quashing and
                                 setting aside the letter dated 20.12.2024
                                 issued by the Deputy Passport Officer,
                                 Regional Passport Office, Patna, whereby
                                 the application of the Petitioner for issuance
                                 of passport has been arbitrarily refused.
                                 (Annexure- 14)
                                            (ii) For issuance of appropriate
                                 writ/writs, order/orders, direction/directions
                                 in the nature of mandamus commanding the
                                 Respondent authorities, particularly the
                                 Respondent No. 4 (Regional Passport
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                                  Officer, Patna), to process and issue the
                                  passport to the Petitioner based on the valid
                                  Birth Certificate issued by the competent
                                  authority, i.e., the Registrar (Births &
                                  Deaths),          Darbhanga          Municipal
                                  Corporation, Darbhanga recording the date
                                  of birth of the Petitioner as 18.03.2001,
                                  without placing reliance on the cancelled
                                  Birth Certificate dated 23.08.1998.
                                             (iii) To hold and declare that the
                                  Respondent authorities are bound to act
                                  upon the corrected and valid Birth
                                  Certificate issued by the statutory authority,
                                  and have no jurisdiction to question on the
                                  correctness of the said document.
                                             (iv) To hold and declare that the
                                  arbitrary refusal to issue passport to the
                                  Petitioner is violative of Articles 14, 19 and
                                  21 of the Constitution of India, including the
                                  Right to Travel Abroad, Right to Livelihood,
                                  and Right to Personal Liberty as interpreted
                                  by the Hon'ble Supreme Court in Maneka
                                  Gandhi vs. Union of India and Satwant
                                  Singh Sawhney vs. D. Ramarathnam.
                                             (v) To hold and declare that the
                                  refusal to consider the corrected Birth
                                  Certificate and reliance on the earlier
                                  cancelled Birth Certificate is wholly
                                  arbitrary, illegal, and without jurisdiction.
                                             (vi) For any other relief/reliefs to
                                  which the Petitioner may be found entitled
                                  to by this Hon'ble Court.”

                    2. Counsel for the petitioner submits that the mother of

       the petitioner, namely, Rukhsana Parween had applied for the

       issuance of birth certificate in respect of this petitioner in the year

       1998 before Darbhanga Municipal Corporation pursuant thereto a

       birth certificate was duly issued by the Darbhanga Municipal
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       Corporation bearing Registration No. 1254 dated 28.08.1998,

       recording the date of birth of the petitioner as 18.03.1998.

                    3. It is next submitted that in the year 1999, the mother

       of the petitioner had applied for the issuance of a Passport on the

       basis of such issuance of birth certificate. However, no document

       including Passport was ever received by the petitioner or his

       family member from the passport office. It is stated that petitioner

       subsequently applied for the issuance of birth certificate before the

       Darbhanga Municipal Corporation, against which certificate vide

       Registration No. 13976(D) dated 22.08.2013, was issued by the

       Registrar (Birth & Death), Darbhanga Municipal Corporation,

       recording the date of birth of the petitioner as 18.03.2001.

                    4. It is next submitted that this date of birth is also

       recorded in the matriculation certificate issued by the Central

       Board of Secondary Education for the session 2013-2015 and this

       petitioner had appeared in the Secondary School Examination and

       a Grade Sheet-cum-Certificate of Performance was issued by the

       CBSE Board on 28.05.2015, recording the date of birth of the

       petitioner as 18.03.2001. It is the case of the petitioner that despite

       the date of birth is 18.03.2001 having been recorded in the

       matriculation certificate and the compendium of instructions of

       guidelines relating to the issue of passport in India issued by the
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       competent authority under Passport Act, 1967, and the rules made

       therein, which specifically provides that the change of date of birth

       can be made based on proof of birth by placing reliance on the

       transfer/school leaving/matriculation certificate issued by the

       school last attended/recognised educational board and despite such

       documents having been placed before the authorities for

       consideration, the impugned order has been passed contrary to the

       guidelines and as also the office memorandum as contained in

       Letter No. VI/401/2/5/2001 dated 26.11.2015 issued by Ministry

       of External Affairs, CPV Division, PV-I Section, which is

       specifically provided under Rule 4(iii) that reads as under:-

                                             “The cases where the applicant
                                  comes to PIA for change/correction with
                                  regard to date of birth in the Passport after
                                  a period of five years from the date of issue
                                  of passport with alleged wrong date of birth,
                                  no       such       request     shall      be
                                  entertained/accepted by the PIA and be
                                  rejected out rightly.
                                             However, an exemption in this
                                  regard may be given to an applicant who
                                  was minor at the time when passport with
                                  alleged wrong date of birth was issued to
                                  him. As and when such an applicant after
                                  attaining the age of majority applies for the
                                  passport with the request to change the date
                                  of birth in the passport issued to him when
                                  he was minor, the PIA irrespective of the
                                  duration of the issuance of passport may
                                  accept his case for consideration and if is
                                  satisfied with the claim and document(s)
                                  submitted by the applicant, may accept his
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                                  request for change of date of birth in the
                                  passport without imposition of any penalty.”

                    5. It is next submitted that, on attaining of majority, the

       request of change of date of birth can be made in the passport and

       accordingly, in view of the instructions issued vide letter dated

       26.11.2015, the petitioner is said to have made such request within

       the stipulated period as indicated in the letter issued by the

       Ministry of External Affairs, Govt. of India, which has not been

       considered as would be evident from the impugned order.

                    6. Counsel for the petitioner further submits that the

       issues which had already been made by the Co-ordinate Bench in

       the case of Nida Amina Ahmad vs. Union of India & Ors. passed

       in CWJC No. 16471 of 2021 and as also judgment passed by

       Hon’ble Justice A.M. Khanwilkar similar issues in the case of

       Jigya Yadav (Minor) (Through Guardian/Father Hari Singh)

       vs. Central Board of Secondary Education & Ors. reported in

       (2021) 7 SCC 535, the relevant paragraph of the aforesaid

       judgment is re-produced hereunder:-

                                          “193. The first is where the
                               incumbent wants “correction” in the
                               certificate issued by the CBSE to be made
                               consistent with the particulars mentioned in
                               the school records.
                                          193.1. As we have held, there is no
                               reason for the CBSE to turn down such request
                               or attach any precondition except reasonable
                               period of limitation and keeping in mind the
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                               period for which the CBSE has to maintain its
                               record under the extant regulations. While
                               doing so, it can certainly insist for compliance
                               of other conditions by the incumbent, such as,
                               to file sworn affidavit making necessary
                               declaration and to indemnify the CBSE from
                               any claim against it by third party because of
                               such correction. The CBSE would be justified
                               in insisting for surrender/return of the original
                               certificate (or duplicate original certificate, as
                               the case may be) issued by it for replacing it
                               with the fresh certificate to be issued after
                               carrying out necessary corrections with
                               caption/annotation against the changes
                               carried out and the date of such correction. It
                               may retain the original entries as it is except in
                               respect of correction of name effected in
                               exercise of right to be forgotten. The fresh
                               certificate may also contain disclaimer that the
                               CBSE cannot be held responsible for the
                               genuineness of the school records produced by
                               the incumbent in support of the request to
                               record correction in the original CBSE
                               certificate. The CBSE can also insist for
                               reasonable prescribed fees to be paid by the
                               incumbent in lieu of administrative expenses
                               for issuing fresh certificate.
                                          193.2. At the same time, the CBSE
                               cannot impose precondition of applying for
                               correction consistent with the school records
                               only before publication of results. Such a
                               condition, as we have held, would be
                               unreasonable and excessive. We repeat that if
                               the application for recording correction is
                               based on the school records as it obtained at
                               the time of publication of results and issue of
                               certificate by the CBSE, it will be open to
                               CBSE to provide for reasonable limitation
                               period within which the application for
                               recording correction in certificate issued by it
                               may be entertained by it. However, if the
                               request for recording change is based on
                               changed school records post the publication of
                               results and issue of certificate by the CBSE,
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                               the candidate would be entitled to apply for
                               recording such a change within the reasonable
                               limitation period prescribed by the CBSE. In
                               this situation, the candidate cannot claim that
                               she had no knowledge about the change
                               recorded in the school records because such a
                               change would occur obviously at her instance.
                               If she makes such application for correction of
                               the school records, she is expected to apply to
                               the CBSE immediately after the school records
                               are modified and which ought to be done
                               within a reasonable time.
                                           193.3. Indeed, it would be open to
                               the CBSE to reject the application in the event
                               the period for preservation of official records
                               under the extant regulations had expired and
                               no record of the candidate concerned is
                               traceable or can be reconstructed. In the case
                               of subsequent amendment of school records,
                               that may occur due to different reasons
                               including because of choice exercised by the
                               candidate regarding change of name. To put it
                               differently, request for recording of correction
                               in the certificate issued by the CBSE to bring it
                               in line with the school records of the
                               incumbent need not be limited to application
                               made prior to publication of examination
                               results of the CBSE.
                                           194. As regards request for
                               “change” of particulars in the certificate
                               issued by the CBSE, it presupposes that the
                               particulars intended to be recorded in the
                               CBSE certificate are not consistent with the
                               school records. Such a request could be made
                               in two different situations. The first is on the
                               basis of public documents like birth certificate,
                               Aadhaar card, election card, etc. and to
                               incorporate change in the CBSE certificate
                               consistent therewith. The second possibility is
                               when the request for change is due to the
                               acquired name by choice at a later point of
                               time. That change need not be backed by
                               public documents pertaining to the candidate.
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                                          194.1. Reverting to the first
                               category, as noted earlier, there is a legal
                               presumption in relation to the public
                               documents as envisaged in the 1872 Act. Such
                               public documents, therefore, cannot be ignored
                               by the CBSE. Taking note of those documents,
                               the CBSE may entertain the request for
                               recording change in the certificate issued by it.
                               This, however, need not be unconditional, but
                               subject to certain reasonable conditions to be
                               fulfilled by the applicant as may be prescribed
                               by the CBSE, such as, of furnishing sworn
                               affidavit containing declaration and to
                               indemnify the CBSE and upon payment of
                               prescribed fees in lieu of administrative
                               expenses. The CBSE may also insist for issuing
                               public notice and publication in the Official
                               Gazette before recording the change in the
                               fresh certificate to be issued by it upon
                               surrender/return of the original certificate (or
                               duplicate original certificate, as the case may
                               be) by the applicant. The fresh certificate may
                               contain disclaimer and caption/annotation
                               against the original entry (except in respect of
                               change of name effected in exercise of right to
                               be forgotten) indicating the date on which
                               change has been recorded and the basis
                               thereof. In other words, the fresh certificate
                               may retain original particulars while
                               recording       the    change     along     with
                               caption/annotation referred to above (except in
                               respect of change of name effected in exercise
                               of right to be forgotten).
                                          194.2. However, in the latter
                               situation where the change is to be effected on
                               the basis of new acquired name without any
                               supporting school record or public document,
                               that request may be entertained upon insisting
                               for prior permission/declaration by a court of
                               law in that regard and publication in the
                               Official Gazette including surrender/return of
                               original certificate (or duplicate original
                               certificate, as the case may be) issued by
                               CBSE and upon payment of prescribed fees.
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                               The fresh certificate as in other situations
                               referred to above, retain the original entry
                               (except in respect of change of name effected
                               in exercise of right to be forgotten) and to
                               insert caption/annotation indicating the date
                               on which it has been recorded and other
                               details including disclaimer of CBSE. This is
                               so because the CBSE is not required to
                               adjudicate nor has the mechanism to verify the
                               correctness of the claim of the applicant.”

                      7. On the other hand, Respondent Nos. 1 to 5 submits

       that since the application for change of date of birth has already

       been closed, after passing the impugned order, which evidently

       shows that there is non-consideration of the instructions and

       guidelines issued under the Passport Act, 1967 and as also the

       office memorandum issued by the Ministry of External Affairs, the

       petitioner may be directed to file fresh application with all

       supported materials for consideration,which shall be considered

       within the time so framed by this Court, in view of law laid down

       by the Hon’ble Apex Court.

                    8. Considering the fact that issues have already been

       considered and the impugned order does not show any

       consideration of office memorandum dated 26.11.2015 as

       contained in Annexure-P/4, and the guidelines to issue a passport

       in India or abroad said to have been issued under Passport Act,

       1967 and the rules made therein, in the impugned order dated

       20.12.2024 is set aside.
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                                 9. Consequently, Regional Passport Officer, Maurya Lok

                    Complex, Patna is directed to consider the case of this petitioner

                    for issuance of fresh passport in reference to Annexure-P/4 and P/5

                    and as also by looking to the issues adjudicated by the Hon’ble

                    Apex Court within a period of two weeks from today.

                                 10. With the above observations, the instant writ petition

                    stands disposed of.



                                                    (Ajit Kumar, J)
abhishekkr/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.03.2026
Transmission Date       NA


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