Mirza Rashid Beg v. Union of India & Anr.

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Mr. Mirza Rashid Beg, seeking directions to the Respondents to incorporate a change in respect of his date of birth, in his passport bearing No.W2079074, and issue an updated passport.

3. It is the case of the Petitioner that his correct date of birth is 27th July,

1966. However, in all his earlier passports, the date of birth was reflected as 10th December, 1965. In view of the fact that all his other documents of identification have the correct date of birth, he seeks to rectify the same in his passport.

4. It is not in dispute that the first passport was issued to the Petitioner by the Regional Passport Office, Delhi on 11th April, 2014, valid upto 10th April,

2024. Since then, the Petitioner had not applied for a change in his date of birth. However, it appears that the other documents of identification of the Petitioner, such as Aadhaar Card, PAN Card, and Driving License, also reflect the correct date of birth of the Petitioner.

5. It is submitted that the Petitioner has obtained an online copy of his birth certificate from the Municipal Corporation of Delhi on 12th October,

2019. The said birth certificate, with reference No.348/8 and date of registration being 3rd August, 1966, also shows his date of birth as 27th July,

1966. Thus, under such circumstances, in order to ensure that there is no disparity between his passport and his other documents of identification, the Petitioner has filed the present petition seeking the following prayers: “(i) issue an appropriate writ, direction or order thereby, directing the Respondents to incorporate change of date of birth of the Petitioner incorporating his correct date of birth 27.07.1966 in place of 10.12.1965, as earlier recorded in passport bearing NO.W2079074 and issue a duly corrected passport to the Petitioner. Issue any such other appropriate writ, direction or order as this Hon'ble Court may deem fit, in the facts and circumstances of the case, in the interest of justice, equity and fair trial.”

6. Heard ld. Counsels for the parties and perused the record. The rectification of date of birth in a passport, would be governed by the Passport Act, 1967 and the Rules framed thereunder. It is the settled legal position that the date of birth in the passport ought to be matching with the birth certificate of the passport holder. Thus, whenever there is an application for change of date of birth, the passport authority would have to verify all the documents of identification of the Applicant, as also, the authenticity and genuineness of the birth certificate. The passport authority shall ensure that the same relates to the Applicant. Upon verifying the same, the rectification in the date of birth of the Applicant can be carried out, after satisfaction is duly recorded.

7. This position of law was reiterated by this Court in Deep Chandra Harbola v. UOI & Anr. [W.P.(C) 6171/2020, decided on 2nd February, 2021], wherein this Court followed the judgment in Sunita Sawhney v. Union of India [WP(C) 10839/2015, decided on 3rd December, 2015]. The relevant portion of the said judgment is set out herein below: