WRIT PETITION 1009/2025 on 17 October 1994

1. Through the medium of the instant petition filed under Article226 of the Constitution of India, the petitioner has sought thefollowing relief(s):

a) WritofMandamuscommandingtherespondents to record the correct date of birthas 17/10/1994 in the fresh passport of thepetitioner in accordance to the date of birthmentioned on the Date of birth certificateissued by the Registrar Of births and deathsas well as the date of birth certificate issuedby School Education Department.

b) Any other Writ, order or direction which thisHon'ble court may deem fit and proper mayalso be issued in favour of the Petitioners andagainst the Respondents.

2. The facts leading to filing of the present writ petition are thatthe petitioner in the year 2005 was issued a passport bearing No.F2809305 wherein, her date of birth was recorded as 17.11.1994 and,after the expiry of the said passport, she was issued another passporton 12.08.2011 bearing No. J7220154 wherein her date of birth wasalso recorded as 17.11.1994.

3. It is stated that the actual date of birth of the petitioner is17.10.1994 instead of17.11.1994, for which, the petitioner hadapplied before the competent authorities for correcting the same andaccordingly, the Srinagar Municipal Corporation (SMC) issued theDate of Birth Certificate in favour of the petitioner on 16.07.2024under section 12/17 of the Registration of Births and Deaths Act,1969 and Rules 8/13 of Jammu & Kashmir Registration of Births andDeaths Rules, 2022, wherein the date of birth of the petitioner isrecorded as 17.10.1994.

4. It is further stated that the petitioner applied before therespondents for the issuance of passport on the basis of date of birthcertificate issued by the SMC and the Board of School Education andother related documents, however, the petitioner was conveyed to getthe order from the Court for getting correct date of birth recorded inthe passport.

5. Mr. Zahid Khan, learned counsel for the petitioner argues thatthe petitioner was a minor at the time of the issuance of the passportand the date of birth of the petitioner has been reflected and entered inthe passport as 17.11.1994 instead of 17.10.1994, which is the actualdate of birth of the petitioner. He further argues that at the time of issuance of the passport, the petitioner was not holding thematriculation date of birth certificate, as such, incorrect date of birthof the petitioner did not come to the knowledge of the respondents.

6. Learned counsel for the petitioner has placed reliance upon anorder passed by a Coordinate Bench of this Court in an identical writpetition bearing WP(C) No.101/2025 titled “Aisha Mahmood vs.Union of India” decided on 11.02.2025 and submits that the sameorder be passed in the instant petition as well, as the facts and lawpleaded in the present petition are similar to the petition of AishaMahood (supra).

7. Heard Mr. Zahid Khan, learned Advocate with Ms. Zehra,learned Advocate for the petitioner and also Mr. T.M. Shamsi, learnedDSGI assisted by Ms. Yasmeen Jan, learned Advocate for therespondents and perused the material on record.

8. With a view to maintain parity, this Court deems it proper topass the same order in the present petition as has been passed by theCoordinate Bench of this Court in WP(C) No. 101/2025.

9. Accordingly, the instant petition is disposed of at its veryinception stage with a direction to the respondents to consider theissuance of the passport in favour of the petitioner showing her dateof birth as 17.10.1994 instead of 17.11.1994 in accordance with lawwithin a period of two weeks.

10. Disposed of.

SRINAGAR:05-05-2025Mubashir

(WASIM SADIQ NARGAL)JUDGE