Allowed

Harnimrat Kaur v. the Union of India

Rajasthan HC3 Jan 2022CW/3722/2021

Case brief

AI extract

What is this about?

Petitioner sought a writ direction for the Passport Authority to issue a passport with her correct date of birth (07.12.2000) supported by Class X mark-sheet, Aadhar Card, and PAN Card, overriding previous passports issued with 07.12.2003.

What did the court decide?

Direction to issue passport to petitioner with correct date of birth as 07.12.2000 within four weeks.

Harnimrat Kaur Vs the Union of India — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 3722/2021

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Harnimrat Kaur D/o Shri Babu Singh, Aged About 20 Years, R/o Ward No 17, Tibbi , Distt. Hanumangarh (Raj.)

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----Petitioner

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Versus

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The Union Of India, Through The Ministry Of External Affairs , Govt. Of Rajasthan , Secretariat , New Delhi.

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The Senior Superintendent (Policy), Regional Passport Office , J-14, Jhalana Sansthanik Region , Jhalana Dungri , Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. J.S. Bhaleria For Respondent(s) : Mr. Mukesh Rajpurohit

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JUSTICE DINESH MEHTA

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Order

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03/01/2022

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By way of present writ petition, the petitioner has sought a direction to the respondent No.2 to issue her a passport with her actual date of birth as 07.12.2000.

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The precise facts germane for the present purposes are that in furtherance of application for issuing passport, filed by the petitioner’s father, a passport came to be issued in petitioner’s name on 09.07.2008, in which petitioner’s date of birth was indicated as 07.12.2003.

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Thereafter, petitioner’s father, yet again filed an application for issuance of fresh passport, in which also the petitioner’s date of birth was indicated as 07.12.2003.

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(2 of 4)

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[CW-3722/2021]

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On attaining 18 years of age and on expiration of the second passport issued to the petitioner, on 17.06.2013, the petitioner moved a fresh application for issuance of passport and this time, the petitioner requested the passport authority to record her date of birth as 07.12.2000.

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In support of the application, the petitioner produced Class X mark-sheet, Aadhar Card, PAN Card and date of birth certificate, in which petitioner’s date of birth has been shown as 07.12.2000. 6. The respondents refused to do the same and insisted that the date of birth in petitioner’s passport would be indicated as 07.12.2003.

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Mr. Bhaleria, learned counsel for the petitioner, submitted that petitioner’s application for issuance of passport is pending and in spite of the fact that petitioner has produced various documentary evidence evincing that petitioner’s date of birth is 07.12.2000, the respondents are not issuing the passport with such date.

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During the course of submission, Mr. Bhaleria, invited Court’s attention towards the documents Annexures-5, 6 and 7 and submitted that there is no dispute about petitioner’s correct date of birth and the same is duly reflected in her Aadhar Card, Class X mark-sheet and PAN Card and, therefore, a direction be issued to the respondents to issue passport to the petitioner with her correct date of birth.

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In support of his argument, Mr. Bhaleria, learned counsel for the petitioner, relied upon the judgment dated 15.05.2012 of this Court, rendered in the case of Ankita Jain Vs. Union of India & Ors. (SB Civil Writ Petition No.8441/2011) and submitted that on

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(3 of 4)

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[CW-3722/2021]

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the same reasoning, petitioner’s writ petition also deserves to be allowed.

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Mr. Mukesh Rajpurohit, learned counsel for the respondent – Union of India submitted that petitioner has got two passports issued with date of birth as 07.12.2003 and now she has come with a case that her date of birth be recorded as 07.12.2000. 11. The stand taken by the respondent – Union of India that the petitioner had got two of her passports issued with the date of birth as 07.12.2003 and now she cannot get her date of birth changed, is unsustainable in the eye of law.

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In the opinion of this Court, there is nothing like renewal of passport and an applicant is required to file a fresh application for issuance of passport each time, validity of his/her passport is over. 13. In the present case, when petitioner’s three documents (namely, date of birth certificate, Aadhar Card and PAN Card), issued by the competent authority of the Government, reflect her date of birth to be 07.12.2000, there is no reason why the petitioner should be issued a passport with the date of birth as 07.12.2003, simply because a certificate had once been issued by the Gram Panchayat, that was submitted at the first time, when the petitioner for the first time applied for the passport.

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It is not in dispute that the respondent No.2 has got requisite enquiry conducted and as per report received, petitioner’s date of birth is 07.12.2000.

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The present writ petition is, therefore, allowed.

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The respondents are directed to issue passport to the petitioner in accordance with law, while indicating her date of birth as 07.12.2000, in line with the other documentary evidence.

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(4 of 4)

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[CW-3722/2021]

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Needful be done within a period of four weeks from today.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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118-skm/-

Harnimrat Kaur v. the Union of India

Case brief

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Harnimrat Kaur v. the Union of India

Case brief

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