SCA/12487/2001 of DINITABEN PRAFULBHAI PATEL Vs UNION OF INDIA on 28 December 2001

1. Special Civil Application No. 12487 of 2001 MR DF AMIN for Petitioner MR DN PATEL for Respondent Nos. 1 and 2

-------------------------------------------------------------- CORAM : MR.JUSTICE RAVI R.TRIPATHI

Date of decision: 28/12/2001

ORAL JUDGEMENT

1. Leave to amend the prayer clause.

2. Rule. Mr. D.N. Patel, learned Standing Counsel for the respondent authorities, appears and waives service of Rule.

3. By means of this petition, the petitioner has sought for a direction to the respondent authority to correct the date of birth of the petitioner as 20/04/1964 in the passport instead of 18/04/1964, which is wrongly mentioned in the school leaving certificate, and the name of petitioner's mother as "Subhadraben Chandubhai Patel" instead of "Samudraben Chandubhai Patel". It is stated by the petitioner that the correct date of birth and name of the mother of the petitioner are 20/04/1964 and "Subhadraben Chandubhai Patel" respectively, as mentioned in the Village Form No. 14. But, due to some inadvertence the date of birth and name of the mother of the petitioner are wrongly mentioned.

3. The petitioner had moved before the respondent authorities concerned for correction of the birth date and name of the mother in the passport. But, the respondent authority did not entertain the request of the petitioner and informed the petitioner that it has no power or authority to make such correction in the birth date and name of the mother of the petitioner unless and until some order is passed by the Court of law.

4. In the facts and circumstances of this case, this application is disposed of finally and the respondent authority concerned is directed to entertain, consider and decide the application, which shall be made by the petitioner, in accordance with law and in case of decision being in favour of the petitioner, make correction with regard to the date of birth of the petitioner as 20/04/1964 instead of 18/04/1964 and name of the mother of the petitioner as "Subhadraben Chandubhai Patel" instead of "Samudraben Chandubhai Patel" in the passport on the basis of the Village Form No. 14 produced by the petitioner and to issue the passport with correct date of birth and name of the mother of the petitioner as 20/04/1964 and "Subhadraben Chandubhai Patel" respectively, within four weeks from the date of receipt of writ of this Court or certified copy of this order whichever is earlier. The respondent authority will be at liberty to pass appropriate order with regard to the costs of these proceedings.

5. With the above directions and observations, this petition is disposed of. Rule is made absolute to the aforesaid extent only. No order as to costs. Direct service is permitted.

����(Ravi R. Tripathi, J.)