Judgment required

Associate R (Querist) 22 December 2008 This query is : Resolved
Respected Experts,

The Hon'ble Bombay High Court has passed a judgment on 29.9.2000 in Criminal Writ Petition No.1072 of 2000 filed by Shri. Jigar Harish Shah against Union of India. In this judgment, the Hon'ble Court has issued guidelines with respect to correction/rectification of a mistake in the entry on date of birth/place in the passport. I could not find the copy of judgment in the Bombay High Court Official Website. Please can any one provide me the citation where this judgment is reported.

Thanks in advance!

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Guest (Expert) 22 December 2008
Mumbai High Court Jigar Harish Shah vs Union Of India Through Ministry Of External Affairs & Ors. on 29/9/2000

JUDGMENT

G. D. Patil, J.

1. Rule made returnable forthwith. Mr. Mehta, learned counsel for
respondent No. 1 waives service. The learned A.P.P. waives service for
respondent No. 2 - State. Heard by consent.

2. By the instant petition, the petitioner is seeking a direction
against respondent No. 1 for rectifying the mistake allegedly committed
by the Passport Authority in relation to mentioning his date of birth
as 2.7.1979 as against his correct date of birth 2.10.1979 in the
passport issued to the petitioner.

3. The petitioner had made an application to the Passport Authority for
recording his correct date of birth in the passport making amendment in
the passport. The Passport Authority appears to have declined to do so,
unless the petitioner produces a declaratory order in that regard from
the First Class Judicial Magistrate. The petitioner thereupon had
approached the Metropolitan Magistrate, 30th Court, Kurla, Mumbai
seeking such a declaration. The learned Metropolitan Magistrate by his
Order dated 23.2.2000 disposed of the petitioner's application; on
coming to the conclusion that the Court was having no jurisdiction in
this regard. It is in these circumstances the petitioner has filed the
instant petition.

4. Heard the learned counsel for the petitioner so also learned counsel
appearing for the respondents.

5. The passports are being issued undisputedly under the provisions of
Section 5 of the Passport Act, 1967 and the Passport Rules, 1980.
Section 5 of the Passport Act provides that an application for the
issue of passport may be made to the Passport Authority. Passport
Authority, as per section 2(c) means an officer or authority empowered
under Rules made under the Act to issue passports and includes the
Central Government. Rule 3 of 1980 Rules speaks of Passport Authorities
and lays down that in addition to the Central Government the officers
specified in clause 2 of Schedule I shall, subject to the provisions of
sub-rule (2), be the Passport Authorities for all purposes of the Act
and these Rules. There is no dispute that the authority which has
issued the passport in favour of the petitioner was one of such officer
empowered under sub-rule (1) of Rule 3 for the purposes of the Act and
the Rules. The passport has been issued in favour of the petitioner by
the Passport Authority by passing an order in that regard as
contemplated by sub-section (2) of Section 5. Once we see that the
passport is issued by an order by a Competent Authority under the
provisions of Section 5(2) of the Passport Act, it is apparent that the
provisions of Section 21 of the General Clauses Act, 1897 would come
into play and such an authority would be having the power to add to,
amend, vary or rescind an order issued by it earlier. The Passport
Information Booklet, which was brought to our notice by Mr. Mehta,
contains a note below paragraph 4 that the date of birth/place of birth
once included in the passport will not be changed. For change, the
applicant will have to make a fresh application enclosing relevant
evidence for obtaining fresh passport with correct date and place of
birth along with a Court order by a Judicial Magistrate directing the
passport office to change the date or place of birth. No provision was,
however, brought to our notice by Mr. Mehta empowering the Judicial
Magistrate for issuing such a direction after holding an enquiry in
relation to the correct date of birth of a person seeking passport
except the Circular dated 22.12.1994 of the Ministry of External
Affairs (CPU Division) wherein it is stipulated that where a change of
date of birth in the passport is being sought,