J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs Guidelines

Citing the Ministry of External Affairs' office memoranda dated November 26th, 2015 which contains guidelines about the change of date of birth in the passport of an applicant already held by him/her Justice Sanjay Dhar observed,

“An applicant has to apply for change of date of birth in the passport within a reasonable time which has been fixed as 5 years from the date of issue of passport, having the alleged wrong date of birth. In the case of minors an exception has been made and it has been provided that, when such an applicant after attaining age of majority applies for the passport with the request to change the date of birth in the passport issued to him at the time when he was minor, the passport issuing authority can consider his case if it is satisfied with the claim and documents submitted by the applicant”.

The case revolved around Mohammad Bin Shora who contended that an inadvertent mistake made by his grandparents led to the wrong date of birth being reflected in his initial passport issued on December 22, 2010.

Despite a fresh passport being issued on June 19, 2019, with the same incorrect date of birth, Shora, upon reaching the age of majority on February 2, 2023, applied for a re-issue with the correct date of birth 28.03.2005. Since the respondents failed to accede to his request for rectification, he was constrained to file a writ petition.

Shora supported his claim with birth certificates issued by the Srinagar Municipal Corporation and J&K Board of School Education, both indicating his actual date of birth as 28.03.2005.

Opposing the plea the Passport Authority submitted that the documents annexed by the petitioner with his application for re-issue of passport with change of his birth particulars, appeared to be fictitious.

After considering the guidelines set by the Ministry of External Affairs in office memoranda Justice Dhar ruled in favor of Shora and observed that the petitioner was minor at the time when a passport in his favor was issued in the first instance as also in the second instance.

Observing that the respondent Passport Authority is sufficiently empowered in light of the guidelines by the Ministry the bench maintained,

“..he has attained age of majority in the year 2023 and immediately after attaining age of majority he has applied to the respondent-Passport Authority for effecting correction in his birth particulars by producing birth certificate…If these certificates are found to be authentic by the respondent-Passport Authority, upon their verification, there is no legal impediment for the said authority to effect correction in date of birth as depicted in the passport of the petitioner”.

Case Title: MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER

Citation: 2024 LiveLaw (JK) 4

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