Patna High Court
Ritu RajversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
2/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
3/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
4/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
5/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
6/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
7/9
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
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
8/9
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.
Patna High Court CWJC No.766 of 2025(5) dt.23-06-2026
9/9
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.