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High Court of DelhiW.P.(C)/9426/2018

Sakashi Batra v. Union Of India & ORS

2018-09-07Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~88 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9426/2018 SAKSHI BATRA ..... Petitioner Through Mr Rajiv Gupta, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through Mr Jasmeet Siingh, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.09.2018 C.M. No. 36546/2018 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

W.P.(C) 9426/2018 3.

Issue notice. The learned counsel appearing for the respondents accepts notice.

4.

The petitioner has filed the present petition praying that directions be issued to the respondents for change of date of birth of the petitioner from 26.11.1992 to 26.08.1992. The grievance of the petitioner is that she has two birth certificates one reflecting her date of birth as 26.08.1992 and other as 26.11.1992. However, all other records of the petitioner including her 10th standard certificate reflect her date of birth as 26.08.1992. 5.

It is also stated that the petitioner's mother had expired when she was only 9 months old and her father had migrated to US. She has been brought

up by her grandparents.

6.

The petitioner's passport was made when she was a minor on an application submitted by her late grandfather. Clearly, the petitioner cannot be penalized for any discrepancy in the said application. 7.

Since all the records indicate her date of birth to be 26.08.1992, this Court is of the view that the passport should also reflect the same birth date. 8.

Respondents are accordingly directed to rectify the same and issue a fresh passport.

The earlier passport issued to the petitioner shall be surrendered. The petitioner shall also surrender her birth certificate reflecting date of birth as 26.11.1992 with the concerned authorities (Registrar of Births and Deaths). The said authorities, on the strength of this order, shall cancel the same and carry out the necessary rectification in their records.

9.

The petition is disposed of in the aforesaid terms. 10.

Order dasti.

VIBHU BAKHRU, J SEPTEMBER 07, 2018 ab