YASHWANT VARMA,J. - (1.) Heard Sri Pramod Kumar Srivastava, learned counsel for the petitioner and Sri Piyush Mishra, learned counsel appearing for the respondents. The petitioner has instituted these proceedings seeking correction of his date of birth as recorded in his passport application. The application made for the grant of a fresh passport is stated to be "On Hold". The issue itself arises on account of the fact that the petitioner holds a passport issued on 27 January 2014 and which is valid upto 26 January 2024. His date of birth as recorded in this passport is stated to be 10 June 1992. He is stated to have made an application on 13 June 2016 for correction of his date of birth. As is evident from his application for correction, the petitioner admits that mistakenly the date of birth in his passport has come to be recorded as 10 June 1992 whereas in fact it should be 7 January 1996. He relies upon a certificate issued by the Board of High School, U.P. in support of his claim that his correct date of birth is 7 January 1996. We find that on more than one occasion, writ petitions are being preferred before this Court seeking resolution of such disputes. However, we find that detailed guidelines formulated by the passport authorities stand duly enshrined in an Office Memorandum dated 26 November 2015 issued by the Ministry of External Affairs in the Union Government. The Office Memorandum is in the following terms: "No. VI/401/2/5/2001 Ministry of External Affairs CPV Division PVI Section ******** Patiala House Annexe, New Delhi the 26th November, 2015 OFFICE MEMORANDUM Subject:Guidelines with regard to change/ correction of dates of birth entries in the passport of an applicant already held by him/ her reg. It may be mentioned that the necessary provisions with regard to change/correction of dates of birth in the passports are contained in the Passports Manual, 2010 and from time to time number of circulars have been issued by the Ministry on this issue.
(2.) It is pertinent to mention that recently, the High Court of Kerala while hearing the WP No. 9073 of 2015 (Jayakumar Vs UOI & others) has delivered a landmark judgment on the issue of correction/change of entries regarding date/place of birth in the passport. During the course of arguments, the Court has elaborated upon the fact that the details entered in the Passport cannot be lightly interfered with, that too after many years without any sustainable cause and without any explanation as to why initially such a wrong declaration was made and why now a change is sought that too based on a document which was available with the applicant when the original declaration was made. The High Court has further observed that the difference in dates of birth whether two years or twenty years, the power 'should be one to correct bonafide mistake and that too within a reasonable time. Even a Civil Court declaration after many number of years would lead to the applicant having possibly perpetrated a fraud on many other who acted upon the authenticated declaration of sovereign State as to the age status of its Citizen.
(3.) The Court, therefore, while dismissing the petition of the applicant petitioner has directed that the authorities would do well to introspect on the observation made herein to make suitable amendments to the circular. It has also been directed that there would be no scope for leaving any liberty on the petitioners to approach a Civil Court too on the reasoning adopted by this Court and the delay occasioned in seeking the correction.;