BARFIWALA TRISHA TUSHARKUMAR Vs. UNION OF INDIA
LAWS(GJH)-2008-9-63
HIGH COURT OF GUJARAT
Decided on September 01,2008

BARFIWALA TRISHA TUSHARKUMAR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) RULE. Mr. Parghi, learned counsel waives notice of Rule. With the consent of learned advocates appearing for both the sides, the matter is finally heard.
(2.) UPON hearing the learned advocates appearing for both the sides, it appears that the issue arising for consideration in the present petition is same as was considered by this Court in Special Civil Application No. 10007 of 2008. In the said decision dated 12. 08. 2008, this Court at paras 9 (A) to 9 (D) observed as under: "a) The passport authority can make correction in the passport already issued, if genuine and proper circumstances are placed before it, however, while exercising the power for correction in the record of the passport, the passport authority may insist for the order of the Court for valid reason. B) While exercising power by the passport authority for correction in the passport, either independently or under the orders of the Court, the passport authority would be guided by authenticated and reliable material for correction of birth date, name and the place of birth as the case may be. The weightage can be given for such correction first to the entry made in the register of birth or death, as the case may be, as per the Birth and Death Registration Act 1969. In absence of such entry in the Registration of Birth and Death Act, 1969, the passport authority may relegate the party to get entry for birth, name or place corrected in the concerned register under the Registration of Birth and Death Act 1969, and it is only thereafter, the correction may be made by the passport authority. In cases, where the birth is not registered under the Registration of Birth and Death Act 1969, the passport authority, at the time of issuance of the fresh passport, may consider other material like that of School Leaving Certificate. C) In the event the School Leaving Certificate is not available then other evidence can be considered, in the event birth is prior to 1969, like affidavit etc. However, in cases, where the birth is after 1969, the first and foremost priority and the weightage shall be given by the passport authority, as per the entry recorded in the birth and death register under the said Act. D) In the event passport authority finds that genuineness of the document are at doubt, it may insist for public advertisement, and if no objection is received, the passport authority may act upon the record produced before it. In the event of any dispute raised by any person in response to such public advertisement, the passport authority shall relegate the person concerned holding, to get appropriate declaration of the competent Court. "
(3.) IN view of the said principle, if the facts of the present case are considered, as per the birth certificate, copy whereof is produced at page 14 Annexure-B, shows the correct date of birth as 27. 01. 1990. As per the view taken by this Court, referred to hereinabove, the weightage is to be given to the entry under the Registration of Birth and Death Act and therefore, the correct birth date of the petitioner would be 27. 01. 1990.;


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