Sirajudeen Muhammed Rasheed v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 15713 of 2015 (L) ---------------------------- PETITIONER :

---------------------- SIRAJUDEEN MUHAMMED RASHEED S/O.LATE MOHAMMED RASHEED, MUJEEB MANZIL MANJAPPARA P.O., AYUR (VIA), KOLLAM - 691 533. BY ADV. SRI.S.M.ALTHAF RESPONDENT(S) :

----------------------------

1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001

2. THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE THIRUVAANTHAPURAM - 695 003.

3. THE SECRETARY BOARD OF PUBLIC EXAMINATION THIRUVANANTHAPURAM - 695 001.

R1 & R2 BY ADV. SRI.N.NAGARESH, ASGI R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 15713 of 2015 (L) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

TRUE COPY OF THE INFORMATION GIVEN TO THE PETITIONER BY THE 2ND RESPONDENT DATED 22/1/2015.

EXT. P2:

TRUE COPY OF THE ACKNOWLEDGEMENT LETTER TO THE PETITIONER DATED 17/4/2015.

EXT. P3:

TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 15713 of 2015 (L) ------------------------------------------ Dated this the 7th day of July, 2015

J U D G M E N T

The petitioner seeks correction of his date of birth in the passport already issued to the petitioner. 2.

The petitioner admittedly had been issued a passport on 5.7.1993 more than 20 years back. The petitioner's claim is that as per Ext.P3 SSLC Certificate, the petitioner's date of birth is 30.05.1973. He seeks that the same may be corrected in the passport, which reveals the date of birth as 30.05.1970.

3.

This Court in W.P.(C) No. 9073/2015 and connected cases, by judgment dated 23.06.2015, held that the correction of date of birth in passport, after many number of years would not be possible, especially finding that the passport discloses the identity of the citizen in his travels, residence and employment abroad and the date of birth declared thereon cannot be easily corrected for the asking.

W.P.(C) No. 15713/2015 -24.

As to the reliance placed on Ext.P3, it was held that the date of birth shown in the SSLC Certificate is also based on a declaration made by either the petitioner or his parents and there can be no reliance placed on that when the petitioner had declared a different date of birth before the P.I.A. and had obtained a passport with a date, which had been acted upon by many others.

5.

In such circumstance, no correction of date of birth can be made. The petitioner's prayer for correction of date of birth is rejected.

Writ petition is dismissed. No costs.

Sd/- K.VINOD CHANDRAN, JUDGE jjj