When Birth Certificate Is Produced, Passport Entry Must Conform To It: Madras High Court

Justice GR Swaminathan of the Madurai bench observed as under:

“It is true that the passport is a solemn document and the applicant must offer correct particulars at the time of application. But some times, errors do happen. The petitioner has enclosed his certificate of birth issued by the competent authority and it is seen therefrom that the petitioner was born on 18.09.1960. When the birth certificate has been produced, the passport entry must conform to the brith certificate.”

The court was hearing a plea filed by Abdul Rahman seeking to correct the birth date in his passport. Rahman informed the court that though his actual date of birth is September 18, 1960, it had been mentioned as February 12, 1960 in his passport which was valid till November 30 2023. He further informed that though he had given a representation to the concerned Passport authority, the same was not considered which prompted him to approach the court.

Opposing this, the standing counsel for the Passport authority informed the court that Rahman ought to have been careful while furnishing the particulars at the time of filing the application. He added that the Passport is a solemn document of highest respect and if the particulars set out in the document are unreliable, it would have serious repercussions. Relying upon a decision of the Madurai bench, he insisted that the entries in a passport could not be casually corrected and sought for a dismissal of the petition.

The court relied on a 2016 decision whereby the High Court had taken a positive approach in a similar case and thereby it held that Rahman could submit a fresh application, even at the time of renewal of the passport. The court also directed Rahman to place a certified copy of the birth certificate before the authorities and directed the authorities to make the appropriate correction according to the birth certificate.

Case Title: Abdul Rahman v The Passport Officer

Citation: 2023 LiveLaw (Mad) 233