ALEENA SHABIR RESHI TH.HER MOTHER v. UNION OF INDIA (MINISTRY OF EXTERNAL AFFAIRS) AND ANOTHER
WP(C)/1055/2026 · 2026-05-12
M A Chowdhary
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 1288 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 1288 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 143 Suppl. Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 1055/2026 CM(2753/2026)
Aleena Shabir Reshi (16 years) D/O Shabir Ahmad Reshi R/O. Way Land Lodge Alfarooqi Masiid, Jawhar Nagar, Srinagar, Jammu and Kashmir. Through her mother, Sheenu Bashir Ashawari, D /O Bashir Ahmad Ashawari, R/O. Way Land Lodge Alfarooqi Masjid, Jawhar Nagar, Srinagar, Jammu and Kashmirir.
Appellant(s)/Petitioner(s)
Through: - Mr. Iman Abdul Muizz, Advocate & Mr. Naseer Akbar, Advocate.
V/s
1. Union of India through Secretary (Ministry of External Affairs), Government of India, New Delhi.
2. Regional Passport Officer, Passport Office, Srinagar. … Respondent(s) Through:- Mr. T. M. Shamsi, DSGI, with Mr. Faizan Ahmad Ganai, CGC and Ms. Beenish, Advocate.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 12.05.2026
1. Petitioner, (minor) through her mother, has filed this petition seeking a direction to the Passport Authority to re-issue passport in her favour by incorporating her true and correct Date of Birth.
2.
Learned counsel for the petitioner submits that the petitioner was previously issued Passport No. T3477613 on 28th of October, 2019, recording her Date of Birth as 22nd of September, 2008, while the actual
date of birth, as recorded in the office of Registrar Births & Deaths, as also in Matriculation Certificate is 25th of February, 2010 and upon expiry of the said passport, petitioner applied for re-issuance of the passport with the requisite documents indicating her actual Date of Birth as 25th of February, 2010, however, the Passport Authorities declined to grant the passport in her favour till the discrepancy in the certificate is removed.
3.
Learned counsel for the petitioner, submits that the matter is governed by the Office Memorandum dated 26th of November, 2015, issued by Ministry of External Affairs, New Delhi , Sub-clause (IV) of clause 4 of the Memorandum deals with the matter, which reads as follow:- (iv). In no way, the Passport Authority will relegate the applicant to obtain the declaratory court order to carry out changes with regard to date of birth in the passport, as the Passport Authority subject to the condition that the case has been submitted by the applicant within the stipulated time limit of 5 years from the date of issuance of passport (except the cases of minor passport holder as detailed in Para 5(ii) above would now be eligible to accept the genuine cases, irrespective of the deference of date of birth.
4.
Learned counsel for the petitioner submits that the petitioner would be satisfied, in case, the petition is disposed of at this stage with a direction to the respondents to consider the case of the petitioner for re-issuance of the passport with the correct date of birth.
5. Mr. T. M. Shamsi, DSGI while appearing on behalf of the respondents submits that the respondents shall not be averse to considering the plea raised by the learned counsel for the petitioner in accordance with rules.
6. In view of the facts and circumstances of the case, submissions urged at the Bat and limited nature of the relief prayed for by the petitioner, the instant petition is disposed of at this motion stage with a direction to the respondent No. 2 to consider the request of the petitioner for effecting necessary correction in the particulars of her Date of Birth, after verifying the original testimonials, as may be produced by the petitioner in support of her claim. The aforesaid exercise be completed by the passport authority within a period of six weeks from the date of copy of the order is served upon respondent No. 2.
5.
Disposed of along with pending application(s).
(M. A. CHOWDHARY)
JUDGE SRINAGAR May, 12th 2026.
“Shoaib javid”