CWP-25292 IN THE HIGH COURT OF PUNJAB AND HARYANA Raj Kumari Union of India and CORAM: Present: KULDEEP TIWARI 1. Article 226/227 of the Constitution of India, has assailed the order dated 05.01.2024 (Annexure P of passport with correct date of birth was rejected, and also the order dated 17.06.2025 (Annexure P the abovesaid order, has also been dismissed. 2. However, since Card and Aadh passport, as well. Accordingly, w years, she applied for i.e. 15.02.1955 also appended a copy of fresh Aadhaar Card and Pan Card, correct date of birth. 25292-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision: Raj Kumari Versus Union of India and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Nikhil Anand, Advocate, for the petitioner. Mr. Ashutoh Dhankar, Senior Panel Counsel, for the respondent-Union of India. **** KULDEEP TIWARI, J. (Oral) The petitioner, by way of instant writ petition filed under Article 226/227 of the Constitution of India, has assailed the order dated 05.01.2024 (Annexure P-13), vide which, h of passport with correct date of birth was rejected, and also the order dated 17.06.2025 (Annexure P-17), whereby, the statutory appeal against the abovesaid order, has also been dismissed. In nutshell, the petitioner is holder of a valid passport. However, since her date of birth had been Card and Aadhaar Card, the wrong date of birth passport, as well. Accordingly, within the prescribed period of five e applied for re-issuance of passport with i.e. 15.02.1955, instead of 24.05.1954. To substantiate her claim, she also appended a copy of fresh Aadhaar Card and Pan Card, correct date of birth. Thereafter, the application was processed by the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25292-2025 (O&M) Date of decision: 10.07.2026 ….Petitioner ….Respondents KULDEEP TIWARI Mr. Nikhil Anand, Advocate, Mr. Ashutoh Dhankar, Senior Panel Counsel, Union of India. of instant writ petition filed under Article 226/227 of the Constitution of India, has assailed the order dated 13), vide which, her application for re-issuance of passport with correct date of birth was rejected, and also the order 17), whereby, the statutory appeal against the abovesaid order, has also been dismissed. the petitioner is holder of a valid passport. had been incorrectly recorded in the Pan wrong date of birth was got recorded in her ithin the prescribed period of five issuance of passport with correct date of birth, . To substantiate her claim, she also appended a copy of fresh Aadhaar Card and Pan Card, reflecting , the application was processed by the s of instant writ petition filed under Article 226/227 of the Constitution of India, has assailed the order dated issuance of passport with correct date of birth was rejected, and also the order 17), whereby, the statutory appeal against the petitioner is holder of a valid passport. in the Pan in her ithin the prescribed period of five correct date of birth, . To substantiate her claim, she reflecting , the application was processed by the AMIT KUMAR 2026.07.14 16:56 I attest to the accuracy and authenticity of this document CWP-25292 Regional Passport Office, and 02.01.2024 (Annexure P she is in possession of with correct date of birt (Annexure P of the abovesaid 23.12.2016 (Annexure P and Pan Card are valid and sufficient of birth. (Annexure P remedy of statutory appeal, which was also dismissed, vide order dated 17.06.2025 (Annexure P 3. guidelines for issuance of a new passport (Annexure P to prove the date of birth, Aadhaar Card, Pan Card and a copy of the relevant service record are sufficient already furn correct date of birth petition, a copy of the Army Card issued to her being wife of an Ex serviceman, appended Passport authorities. He concludes by submitting that there is no intention on the part of the petitioner to mislead the Passport Authorities, as her date of birth was wrongly which has now been got corrected. In such a situation, the authorities are obliged to re 25292-2025 (O&M) -2- Regional Passport Office, and eventually, vide communication dated .2024 (Annexure P-11), she was required she is in possession of Birth Certificate with correct date of birth. In response, she (Annexure P-12), apprised the authorities abovesaid documents. Further, while relying upon a Policy dated 23.12.2016 (Annexure P-2), she put-forth and Pan Card are valid and sufficient documents However, the authorities, vide order dated 05.01.2024 (Annexure P-13), rejected her application. Aggrieved, she availed the remedy of statutory appeal, which was also dismissed, vide order dated 17.06.2025 (Annexure P-17). Learned counsel for the peti guidelines for issuance of a new passport (Annexure P to prove the date of birth, Aadhaar Card, Pan Card and a copy of the relevant service record are sufficient. Admittedly, the petitioner has already furnished the copy of Aadhaar and Pan Card correct date of birth. He further submits that along with the petition, a copy of the Army Card issued to her being wife of an Ex serviceman, which also carries her correct date of birth, appended as Annexure P-6, though the same was not supplied to the Passport authorities. He concludes by submitting that there is no intention on the part of the petitioner to mislead the Passport Authorities, as her date of birth was wrongly recorded in her earlier Aadhaar and Pan Cards, which has now been got corrected. In such a situation, the authorities are obliged to re-issue her passport depicting eventually, vide communication dated required to explain, as to whether, Birth Certificate or School Leaving Certificate h. In response, she, vide a detailed letter 12), apprised the authorities that she does not possess either Further, while relying upon a Policy dated forth her claim that Aadhaar Card documents to authenticate her date However, the authorities, vide order dated 05.01.2024 application. Aggrieved, she availed the remedy of statutory appeal, which was also dismissed, vide order dated Learned counsel for the petitioner, while relying upon the guidelines for issuance of a new passport (Annexure P-2), submits that, to prove the date of birth, Aadhaar Card, Pan Card and a copy of the . Admittedly, the petitioner has ished the copy of Aadhaar and Pan Card, depicting her . He further submits that along with the present writ petition, a copy of the Army Card issued to her being wife of an Ex- her correct date of birth, has also been though the same was not supplied to the Passport authorities. He concludes by submitting that there is no intention on the part of the petitioner to mislead the Passport Authorities, as her recorded in her earlier Aadhaar and Pan Cards, which has now been got corrected. In such a situation, the authorities are issue her passport depicting the correct date of birth. eventually, vide communication dated explain, as to whether, chool Leaving Certificate , vide a detailed letter that she does not possess either Further, while relying upon a Policy dated r Card to authenticate her date However, the authorities, vide order dated 05.01.2024 application. Aggrieved, she availed the remedy of statutory appeal, which was also dismissed, vide order dated tioner, while relying upon the , to prove the date of birth, Aadhaar Card, Pan Card and a copy of the . Admittedly, the petitioner has , depicting her writ - has also been though the same was not supplied to the Passport authorities. He concludes by submitting that there is no intention on the part of the petitioner to mislead the Passport Authorities, as her recorded in her earlier Aadhaar and Pan Cards, which has now been got corrected. In such a situation, the authorities are AMIT KUMAR 2026.07.14 16:56 I attest to the accuracy and authenticity of this document CWP-25292 4. respondent new passport, but of correction Further, the, Government of India, already issued date of birth in the existing passport, according to which, School Leaving Certificate/Date of Birth Certificate is mandatory to get changes in the date of birth. He further submits petitioner has abovesaid guidelines 5. Court has found force in the submission th have wrongly rejected that claim of the petitioner on the ground that she failed to comply with the guidelines, issued by the Ministry of External Affairs. Therefore, it would be necessary the abovesaid guidelines: 25292-2025 (O&M) -3- On the other hand, learned counsel representing the ent-Union of India, submits that it is not new passport, but of correction of date of birth in the existing passport. Further, the, Government of India, Ministry of External Affairs, has issued guidelines with respect to change/correction in entries of date of birth in the existing passport, according to which, School Leaving Certificate/Date of Birth Certificate is mandatory to get in the date of birth. He further submits petitioner has rightly been rejected, while strictly adhering abovesaid guidelines. Having heard learned counsel for the parties at length, this Court has found force in the submission th ve wrongly rejected that claim of the petitioner on the ground that she failed to comply with the guidelines, issued by the Ministry of External Therefore, it would be necessary the abovesaid guidelines:- “ii. Where an applicant claims that a clerical mistake has been made in the entry relating to the Date of Birth (DOB)/Place of Birth(POB) in the passport and asks rectification/correction, the documents produced earlier having proof of DOB/POB at the time of issue of passport may be perused (if not already destroyed) by the PIA. In case it is a clerical mistake either by the applicant or by the PIA, the DOB/POB correction may rectified by the issuance of a new passport booklet by levying fees in case of the former and on 'gratis' basis in case of the latter. iii. If an applicant applies for the change of DOB within five years of the date of issue of passport having the alleged DOB the request of such an applicant irrespective of the difference in the DOB may be considered by the PIA if the On the other hand, learned counsel representing the Union of India, submits that it is not the case of issuance of a date of birth in the existing passport. Ministry of External Affairs, has guidelines with respect to change/correction in entries of date of birth in the existing passport, according to which, School Leaving Certificate/Date of Birth Certificate is mandatory to get the necessary in the date of birth. He further submits that the claim of the rejected, while strictly adhering to the said Having heard learned counsel for the parties at length, this Court has found force in the submission that the authorities concerned ve wrongly rejected that claim of the petitioner on the ground that she failed to comply with the guidelines, issued by the Ministry of External Therefore, it would be necessary to refer to the relevant part of re an applicant claims that a clerical mistake has been made in the entry relating to the Date of Birth (DOB)/Place of Birth(POB) in the passport and asks rectification/correction, the documents produced earlier having proof of DOB/POB at the of passport may be perused (if not already destroyed) by the PIA. In case it is a clerical mistake either by the applicant or by the PIA, the DOB/POB correction may be by the issuance of a new passport booklet by levying former and on 'gratis' basis in case of the If an applicant applies for the change of DOB within five years of the date of issue of passport having the alleged DOB the request of such an applicant irrespective of the difference in the DOB may be considered by the PIA if the On the other hand, learned counsel representing the case of issuance of a date of birth in the existing passport. Ministry of External Affairs, has guidelines with respect to change/correction in entries of date of birth in the existing passport, according to which, School Leaving the necessary that the claim of the to the said Having heard learned counsel for the parties at length, this authorities concerned ve wrongly rejected that claim of the petitioner on the ground that she failed to comply with the guidelines, issued by the Ministry of External to refer to the relevant part of re an applicant claims that a clerical mistake has been made in the entry relating to the Date of Birth (DOB)/Place of Birth(POB) in the passport and asks rectification/correction, the documents produced earlier having proof of DOB/POB at the of passport may be perused (if not already destroyed) by the PIA. In case it is a clerical mistake either by e by the issuance of a new passport booklet by levying former and on 'gratis' basis in case of the If an applicant applies for the change of DOB within five years of the date of issue of passport having the alleged DOB the request of such an applicant irrespective of the difference in the DOB may be considered by the PIA if the AMIT KUMAR 2026.07.14 16:56 I attest to the accuracy and authenticity of this document CWP-25292 6. applied within the stipulated period of five years of the existing passport. Therefore, of one of the Adverting to the second condition, on record Birth Certificate, issued by the Registrar of Births and Deaths or School Leaving Certificate either of the documents. In opinion that 25292-2025 (O&M) -4- applicant is able to provide the Birth Certificate issued by the Registrar of Births and Deaths and further states that the DOB recorded in the passport was based on entries mentioned in documents other than the Birth Certificate. However, before the issue of passport with changed appropriate penalty on the applicant for obtaining the earlier passport by providing wrong information regarding his/her DOB. iv. The cases where the applicant comes to PIA for change/correction with regard to DOB in the pass period of five years from the date of issue of passport with alleged wrong DOB shall not be entertained/accepted by the PIA However, an exception in this regard may be given to an applicant who was a minor at the time when the passport with the alleged wrong DOB was issued to him/her, as and when such applicant after attaining the age of major, applies for the passport with the request of change of DOB in the passport issued to him/her when he or she was a minor, the PIA irrespective of the period of issuance of passport may accept his/her case for consideration, and if the PIA is satisfied with the claim and with the document (submitted by the applicant), the PIA may accept his/her request for change of DOB without imposition of any penalty.” It is an admitted position on record that the petitioner applied within the stipulated period of five years of the existing passport. Therefore, the petitioner has crossed the hurdle one of the conditions qua the timeline Adverting to the second condition, vide which on record Birth Certificate, issued by the Registrar of Births and Deaths or School Leaving Certificate; admittedly, she f the documents. In this regard, this Court is of the considered opinion that once the Pan Card and Aadhaar Card are ide the Birth Certificate issued by the Registrar of Births and Deaths and further states that the DOB recorded in the passport was based on entries mentioned in documents other than the Birth Certificate. However, before the issue of passport with changed DOB, the PIA shall also levy appropriate penalty on the applicant for obtaining the earlier passport by providing wrong information regarding his/her The cases where the applicant comes to PIA for change/correction with regard to DOB in the passport after a period of five years from the date of issue of passport with alleged wrong DOB shall not be entertained/accepted by the PIA However, an exception in this regard may be given to an applicant who was a minor at the time when the passport with e alleged wrong DOB was issued to him/her, as and when such applicant after attaining the age of major, applies for the passport with the request of change of DOB in the passport issued to him/her when he or she was a minor, the PIA iod of issuance of passport may accept his/her case for consideration, and if the PIA is satisfied with the claim and with the document (submitted by the applicant), the PIA may accept his/her request for change of DOB without It is an admitted position on record that the petitioner applied within the stipulated period of five years of the date of issuance the petitioner has crossed the hurdle the timeline in the abovesaid guidelines. vide which, she was required to place on record Birth Certificate, issued by the Registrar of Births and Deaths admittedly, she is not in possession of this regard, this Court is of the considered the Pan Card and Aadhaar Card are held to be valid and ide the Birth Certificate issued by the Registrar of Births and Deaths and further states that the DOB recorded in the passport was based on entries mentioned in documents other than the Birth Certificate. However, before the DOB, the PIA shall also levy appropriate penalty on the applicant for obtaining the earlier passport by providing wrong information regarding his/her The cases where the applicant comes to PIA for port after a period of five years from the date of issue of passport with alleged wrong DOB shall not be entertained/accepted by the PIA However, an exception in this regard may be given to an applicant who was a minor at the time when the passport with e alleged wrong DOB was issued to him/her, as and when such applicant after attaining the age of major, applies for the passport with the request of change of DOB in the passport issued to him/her when he or she was a minor, the PIA iod of issuance of passport may accept his/her case for consideration, and if the PIA is satisfied with the claim and with the document (submitted by the applicant), the PIA may accept his/her request for change of DOB without It is an admitted position on record that the petitioner of the date of issuance the petitioner has crossed the hurdle in the abovesaid guidelines. was required to place on record Birth Certificate, issued by the Registrar of Births and Deaths is not in possession of this regard, this Court is of the considered valid and AMIT KUMAR 2026.07.14 16:56 I attest to the accuracy and authenticity of this document CWP-25292 sufficient documents not be any legal impediment for the authorities in the existing documents, based on those very documents. not practically possible for the petitioner to produce the documents, which are not available with her. 7. authorities cannot be permitted to operate as an embargo to claimants/applicants circumstances, the imp scrutiny, and the same 8. consider the claim of the petitioner Pan Card giving her due opportunity of hearing authorities are at liberty to call for the Army Card issued to the petitioner, being wife of an Ex her date of birth. 9. 10.07.2026 Ak Sharma 25292-2025 (O&M) -5- sufficient documents for issuance of a new passport, not be any legal impediment for the authorities in the existing documents, based on those very documents. not practically possible for the petitioner to produce the documents, which are not available with her. Further, the guidelines have been authorities to take conclusive decisions in the right earnest cannot be permitted to operate as an embargo to claimants/applicants, as has been done in the matter at hand circumstances, the impugned orders cannot and the same are set aside. Consequently, the authorities concerned are directed to re consider the claim of the petitioner, in the light of the Aadhaar Card and Pan Card depicting correct date of birth giving her due opportunity of hearing authorities are at liberty to call for the Army Card issued to the petitioner, being wife of an Ex-serviceman, as an additi her date of birth. The instant writ petition stand .2026 Whether speaking/reasoned Whether reportable for issuance of a new passport, then there should not be any legal impediment for the authorities to correct the date of birth in the existing documents, based on those very documents. Further, it is not practically possible for the petitioner to produce the documents, have been framed to guide the to take conclusive decisions in the right earnest, but the same cannot be permitted to operate as an embargo to scuttle the rights of the , as has been done in the matter at hand. In such cannot withstand the test of judicial Consequently, the authorities concerned are directed to re- , in the light of the Aadhaar Card and depicting correct date of birth, and pass a fresh order, after giving her due opportunity of hearing, at the earliest. Further, the authorities are at liberty to call for the Army Card issued to the petitioner, serviceman, as an additional document to establish The instant writ petition stand disposed of, accordingly. (KULDEEP TIWARI) JUDGE Yes Yes/No there should correct the date of birth Further, it is not practically possible for the petitioner to produce the documents, to guide the , but the same the rights of the . In such withstand the test of judicial - , in the light of the Aadhaar Card and , and pass a fresh order, after . Further, the authorities are at liberty to call for the Army Card issued to the petitioner, onal document to establish AMIT KUMAR 2026.07.14 16:56 I attest to the accuracy and authenticity of this document