Case Note & Summary
The petitioner, Pratham Sanjaykumar Patel, filed a writ petition under Articles 14, 19(1)(d), 21, and 226 of the Constitution of India read with the Passports Act, 1967 and Passport Rules, 1980, seeking a direction to the Regional Passport Officer to accept his application for a fresh/renewed passport with his correct name as per his birth certificate, i.e., Patel Pratham Sanjaykumar, instead of Patel PrathamUday as mentioned in the existing passport. The petitioner was born on 1st December 2002 at Vadodara, and his birth certificate records his name as Pratham Sanjay Kantilal Patel. In 2006, Mr. Uday Lalitchandra Patel, a friend and relative of the petitioner's father, adopted the petitioner with the father's consent due to the father's incapacity to care for him. An adoption deed was executed on 7th November 2006 and registered on 9th November 2006. Subsequently, in 2017, the father and Mr. Uday Patel executed a cancellation deed on 1st April 2017, cancelling the adoption. The petitioner applied for a passport, but the authority issued it in the name of Patel PrathamUday, reflecting the adoptive father's name. The petitioner sought correction, but the authority refused, citing the adoption and cancellation deeds. The court considered the issue of whether the passport authority could refuse correction based on the birth certificate. The court noted that the birth certificate is the primary document for establishing identity and name, and the adoption deed and its cancellation do not override the birth certificate for passport purposes. The court held that the petitioner is entitled to have his name as per the birth certificate in the passport. The court allowed the petition, directing the respondent to accept the petitioner's application for a fresh/renewed passport with the correct name Patel Pratham Sanjaykumar and to issue the passport within a reasonable time.
Headnote
A) Passport Law - Name Correction - Birth Certificate vs. Adoption Deed - Passport Act, 1967, Passport Rules, 1980 - The petitioner sought correction of his name in the passport from 'Patel PrathamUday' to 'Patel Pratham Sanjaykumar' based on his birth certificate. The passport authority refused citing an adoption deed and its cancellation deed. The court held that the birth certificate is the primary document for establishing identity and name, and the adoption deed and its cancellation do not override the birth certificate for passport purposes. The court directed the authority to accept the application and issue a fresh passport with the correct name. (Paras 1-6)
Issue of Consideration
Whether the passport authority can refuse to correct the name in the passport based on the birth certificate when there are conflicting adoption and cancellation deeds.
Final Decision
The petition is allowed. The respondent is directed to accept the petitioner's application for fresh/renewed passport with the correct name as Patel Pratham Sanjaykumar and to issue the passport within a reasonable time.
Law Points
- Passport Act
- 1967
- Passport Rules
- 1980
- Article 226
- Article 14
- Article 19(1)(d)
- Article 21
- Mandamus
- Name Correction
- Birth Certificate
- Adoption Deed
- Cancellation Deed
