Passport – Correction of Date of Birth – Secondary School Certificate as conclusive proof Paras 3, 5 The date of birth recorded in the Secondary School Certificate issued by the Board of Secondary Education constitutes genuine and authentic statutory proof and shall be regarded as correct for all purposes, including rectification of entries in a passport.

Passport – Correction of Date of Birth – Secondary School Certificate as conclusive proof

Paras 3, 5

The date of birth recorded in the Secondary School Certificate issued by the Board of Secondary Education constitutes genuine and authentic statutory proof and shall be regarded as correct for all purposes, including rectification of entries in a passport.

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Passport – Correction of Date of Birth – Delay – Effect

Paras 2, 5, 6

A request for correction of date of birth in a passport cannot be rejected solely on the ground of delay, particularly when the error occurred during minority and is supported by authenticated documentary evidence.

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Office Memorandum of Ministry of External Affairs – Scope – Not an absolute bar

Paras 2, 4, 6

Office Memoranda issued by the Ministry of External Affairs prescribing time limits for correction of date of birth do not create an absolute prohibition, and permit correction in genuine cases even beyond five years, subject to verification.

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Passport Authority – Duty to verify – Birth and Death Register

Para 6

While considering a request for correction of date of birth, passport authorities are empowered to call for and verify the Register of Births and Deaths, particularly for persons born after 01.01.1989, and compare the same with the Secondary School Certificate.

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Rejection of correction request – Technical ground – Illegality

Paras 2, 5

Rejection of an application for correction of date of birth in a passport solely on technical grounds, without examining statutory proof and surrounding circumstances, is unsustainable in law.

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ANALYSIS

1. Nature of the Dispute

The writ petition challenged the rejection order dated 02.06.2022 passed by the Regional Passport Officer refusing correction of the petitioner’s date of birth in his passport, despite production of the SSC Certificate.

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2. Undisputed Facts

• Passport issued in 2010, when the petitioner was a minor.

• Date of birth wrongly recorded as 24.07.1988.

• Statutory educational record consistently showed 23.06.1994.

• Correction was rejected solely on the ground of delay.

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3. Approach of the Court

The Court:

• Examined the SSC Certificate and accepted it as authentic proof.

• Took note that the petitioner was a minor at the time of issuance, and the error was inadvertent.

• Held that administrative guidelines cannot override substantive justice where documentary proof exists.

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4. Interpretation of Office Memoranda

The Court interpreted the Office Memorandum dated 22.09.2016 as enabling, not prohibitory, holding that:

• The five-year limitation is not absolute.

• Genuine cases supported by evidence must be considered on merits.

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5. Relief Granted

Instead of straightaway directing correction, the Court adopted a procedural fairness approach, directing:

• Consideration of the request afresh.

• Verification with SSC certificate and birth register.

• Disposal within a fixed time frame of eight weeks.

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RATIO DECIDENDI

An application for correction of date of birth in a passport cannot be rejected solely on the ground of delay when the applicant was a minor at the time of issuance and produces a Secondary School Certificate showing the correct date of birth; administrative time limits under Office Memoranda do not operate as an absolute bar in genuine cases, and passport authorities are bound to verify statutory records and decide the request on merits.