Case Note & Summary
The petitioner, Smt. Remediana Fernandes, filed a writ petition before the Bombay High Court at Goa seeking a direction to the Passport Officer to correct her date of birth in her passport. The petitioner's birth certificate and all other public documents, including her driving licence, PAN card, and election card, showed her date of birth as 17.04.1969. However, due to inadvertence, her passport bearing no. G9596698 recorded her date of birth as 17.04.1963. Upon realizing the mistake, she applied to the Passport Officer on 19.06.2015 for correction, but was informed that a court order was required. The respondents did not file any reply disputing the petitioner's contentions. The court noted that the error was patently a clerical mistake and that all public records consistently showed the correct date. The court held that the Passport Officer could correct such an error without a court order, as there was no conflicting record. The court directed the Passport Officer to correct the date of birth to 17.04.1969 within four weeks from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Passport Law - Correction of Clerical Error - Section 5(1)(f) Passport Act, 1967 - Rule 12 Passport Rules, 1980 - The petitioner sought correction of her date of birth in her passport from 17.04.1963 to 17.04.1969, which was supported by her birth certificate and other public documents. The Passport Officer insisted on a court order. The High Court held that where the error is patently clerical and all public records are consistent, the Passport Officer can correct the error without a court order. The court directed the Passport Officer to correct the date of birth to 17.04.1969 within four weeks. (Paras 3-7)
Issue of Consideration
Whether the Passport Officer can correct a clerical error in the date of birth on a passport without a court order when all public documents consistently show the correct date.
Final Decision
The petition is allowed. The Passport Officer is directed to correct the date of birth of the petitioner in her passport from 17.04.1963 to 17.04.1969 within four weeks from the date of the order. Rule is made absolute in the above terms. No order as to costs.
Law Points
- Passport Officer can correct clerical errors in passport without court order
- Passport Act 1967 Section 5(1)(f)
- Passport Rules 1980 Rule 12
