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Patna High Court

Ritu RajversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court held that, in accordance with the Passport Act, 1967 and the 2015 MEA guidelines, a person who was a minor at the time of passport issuance may obtain correction of date of birth upon attaining majority, and the passport authority must consider the petition for a fresh passport with the corrected date of birth.

Summary

The petitioner, who obtained a passport as a minor in 2008, discovered a discrepancy in her date of birth and obtained a corrected birth certificate in 2019. She filed a writ petition seeking a fresh passport reflecting the corrected date of birth, invoking the Passport Act, 1967 guidelines that allow correction on the basis of school or birth certificates. The respondents argued that the application was closed and that the petitioner should file a fresh application. The High Court examined the relevant passport rules, the 2015 Ministry of External Affairs memorandum, and precedents allowing correction for minors upon attaining majority. It held that the petitioner is entitled to have her case considered for issuance of a fresh passport with the corrected date of birth and directed the Regional Passport Officer to act within two weeks. The writ application was consequently disposed.

Issues considered

  • Whether a passport issued to a minor can be corrected for date of birth after the applicant attains majority based on a corrected birth certificate.
  • Whether the guidelines under the Passport Act, 1967 and the 2015 MEA office memorandum are mandatory for the passport authority.
  • Whether the petitioner is entitled to a fresh passport without penalty despite the earlier passport being closed.
  • Whether a separate order for cancellation of the earlier birth certificate is required.

Legislation cited

Subjects

  • passport
  • date of birth correction
  • minor
  • birth certificate
  • Passport Act 1967
  • writ jurisdiction
  • legal guidelines
  • government authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.766 of 2025
                 ======================================================
                 Ritu Raj D/o Raj Kumar Choudhary, R/o 2H/81, Bahadurpur Housing Colony,
                 Opposite Gandhi Nagar Park, Kankarbagh, P.S.- Agamkuan, District – Patna.
                                                            ... ... 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, 2nd and 3rd Floor, D- Block Maurya
                  Lok Complex, P.S.- Kotwali, District - Patna Pin Code- 800001.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vishal Saurabh
                 For the Respondent/s   :      Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   23-06-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. The instant writ application has been filed for

                   directing the official respondents to issue passport after making

                   correction in the date of birth as per matriculation certificate

                   issued by the ICSE.

                               3. Learned counsel for the petitioner submits that the

                   petitioner had initially applied for issuance of a passport in the

                   year 2008, when she was about 12 years of age and, thus, was a

                   minor. Her application, bearing File No. PATC00220908, was

                   processed and, accordingly, Passport No. H1367306 was issued

                   on 30.10.2008, which remained valid till 29.10.2013. It is

                   further submitted that when the petitioner applied for renewal of
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          her passport, she discovered that the date of birth recorded in the

          passport did not correspond with the date of birth mentioned in

          her educational certificates. Thereafter, in July, 2019, she

          applied for issuance of a fresh passport after seeking correction

          in her date of birth. In response, she received a communication

          directing her to get the existing birth certificate cancelled and

          obtain a fresh birth certificate incorporating the correct date of

          birth. Pursuant thereto, the petitioner approached the competent

          authority and was subsequently issued a fresh birth certificate

          correcting her date of birth from 04.03.1997 to 04.03.1996.

                      4. It is the specific case of the petitioner that her

          correct date of birth, namely 04.03.1996, stands duly recorded

          in her matriculation certificate. Learned counsel further submits

          that the Compendium of Instructions/Guidelines relating to the

          issuance of passports in India, issued under the provisions of the

          Passport Act, 1967 and the Rules framed thereunder, specifically

          provides that correction/change in the date of birth may be

          allowed on the basis of proof of birth, including a transfer

          certificate, school leaving certificate or matriculation certificate

          issued by the last attended school or a recognised educational

          Board. Despite the petitioner having produced all such relevant

          documents before the authorities, the impugned order has been
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          passed contrary to the aforesaid guidelines as well as the Office

          Memorandum contained in Letter No. VI/401/2/5/2001 dated

          26.11.2015 issued by the Ministry of External Affairs, CPV

          Division, PV-I Section. In particular, reliance has been placed

          upon Rule 4(iii) thereof, which 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 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
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          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 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
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                                  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
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                                  changed school records post the publication
                                  of results and issue of certificate by the
                                  CBSE, 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
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                                  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.
                                             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
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                                  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.
                                  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. Lastly, it is submitted that since a fresh birth

          certificate reflecting the corrected date of birth has already been

          issued by the competent authority, the earlier birth certificate

          shall be deemed to have been cancelled and, therefore,

          insistence on a separate order of cancellation may not be

          necessary.
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                                 8. On the other hand, Respondent Nos. 1 to 4 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.

                                 9. Considering the stand of the parties, Regional

                     Passport Officer, Maurya Lok Complex, Patna is directed to

                     consider the case of this petitioner for issuance of fresh passport

                     in reference to the issues adjudicated by the Hon’ble Apex Court

                     within a period of two weeks from today.

                                 10. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                                   (Ajit Kumar, J)
shikha/-

U


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