2025:KER:27450 W.P (C) No.10329/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 10329 OF 2025 PETITIONER/S: SREEJITH JOSEPH, AGED 43 YEARS PANAKAL HOUSE, KOTTIKKAL LANE, PALLIPORT P.O., ERNAKULAM, PIN - 683515 BY ADVS. P.PAULOCHAN ANTONY SREEJITH K. RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, EXTERNAL AFFAIRS MINISTRY, NEW DELHI, PIN - 110011 2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN, PIN - 682036 SRI. T.C. KRISHNA, CGC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27450 W.P (C) No.10329/2025 -2- J U D G M E N T The petitioner has approached this court being aggrieved by the fact that his application for correction of date of birth, place of birth and certain other minor mistakes in the name of his parents in the Passport bearing No.B2784709 issued on 20-10-2000 has not been considered by the 2nd respondent. 2. The learned Central Government counsel submits that since the petitioner is a member of the Kerala High Court service, the application can be considered only if the service records of the petitioner pertaining to his date of birth are corrected. However, it is fairly pointed out that this court has in W.P (C) No.899/2025 taken the view that where service records cannot be corrected owing to passage of time and on account of Rules governing the Government employees etc., the claim for correction of date of birth in the Passport can be entertained if the Government employee in question were to file an affidavit that he will not claim any service benefits on the basis of any correction of date of birth in the Passport. It is submitted that if the petitioner is ready and willing to execute such affidavit and he undertakes before this court that he will not claim any benefit on the basis of correction of any in the Passport, the application can be considered. 2025:KER:27450 W.P (C) No.10329/2025 -3- 3. Having heard the learned counsel for the petitioner and the learned Central Government counsel, I am of the view that the issue raised in this writ petition is squarely covered by the directions issued by this court in W.P (C) No.899/2025, where this court had held as follows:- “4. Having heard the learned counsel appearing for the petitioner and the learned Central Government Counsel and considering the fact that on account of instructions issued by the Government of Kerala, it will not be possible for the petitioner to now have his service records corrected by changing his date of birth, I am of the view that the competent among the respondents can be directed to consider the application for correction filed by the petitioner without insisting for correction of date of birth in the service records. No provision of the Passports Act, 1967 or any other instrument having the force of law has been shown to me which may indicate that the correction of date of birth in the passport will have to be preceded by the correction of date of birth in Service Records in the case of Government Servants. Moreover, there is no restriction on considering an application for correction of date of birth in the passport in the Passports Act, 1967. Accordingly, this writ petition will stand disposed of directing the 2nd respondent to consider the application filed by the petitioner for correction of date of birth in the passport, in accordance with the law and without insisting that the petitioner must get his service records corrected before the 2025:KER:27450 W.P (C) No.10329/2025 -4- application can be considered and provided that all other supporting documents are submitted by the petitioner. The undertaking given in the affidavit filed by the petitioner that the petitioner will not seek any service benefits on the basis of the correction, if any, carried out in the passport, is recorded. The writ petition is disposed of as above .” The fact that the petitioner is an employee of the High Court, does not make any difference and directions issued by this court in W.P (C) No.899/2025 can be extended to the petitioner also. Therefore, this writ petition will also stand disposed of following the judgment in W.P (C) No.899/2025 and directing that the 2nd respondent will consider the application filed by the petitioner for correction of date of birth and other particulars in the Passport in accordance with the law and without insisting that the petitioner must get service records corrected before the application that can be considered, provided that all supporting documents are submitted by the petitioner. The undertaking given in the affidavit filed by the petitioner that he will not seek any service benefits on the basis of the correction, if any, carried out to the passport is recorded. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE AMG 2025:KER:27450 W.P (C) No.10329/2025 -5- APPENDIX OF WP(C) 10329/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO. B2784709 OF THE PETITIONER DATED 20.10.2000 Exhibit P2 A TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE NORTH PARAVUR MUNICIPALITY DATED 18.04.2024 Exhibit P3 A TRUE COPY OF THE AADHAR CARD NO. 6417 6782 9674 ISSUED BY THE GOVERNMENT OF INDIA DATE NIL Exhibit P4 A TRUE COPY OF JOINT COMMISSIONER'S PROCEEDINGS DATED 22.07.2024 Exhibit P5 A TRUE COPY RELEVANT PAGE OF SSLC BOOK DATE NIL Exhibit P6 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECOND RESPONDENT, DATED 04.03.2025