Suresh Kumar Vs. Union of India

Suresh Kumar vs Union of India

Type Court Judgment Court Kerala Decided Jan 29, 2013

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Citation: sooperkanoon.com/1013352
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Jan 29, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Suresh Kumar

Respondent

Union of India

Excerpt

.....seeking for a direction to the respondents to correct the entry in respect of his date of birth in the passport.2. the case of the petitioner is that, the actual date of birth of the petitioner is 19.05.1974, as borne by ext. p2 relevant extract of sslc book, whereas the same happened to be entered wrongly in the passport as 11.01.1969. it is stated that, though petitioner preferred a request for correction of date of birth, the same was not entertained by the respondent and hence is before this court.3. the learned counsel for the petitioner relies upon the judgment of this court in swapna siju vs. union of india (2012 (4) khc38) in support of the position that, as far as the applicants born before 26.01.1989 are concerned, copy of extract of the sslc book can be relied on for correction of date of birth without insisting for birth certificate. w.p.(c) no. 2591 of 2013 :2. :4. the learned central government counsel appearing for the respondents submits that petitioner will have to file an on-line application along with an affidavit explaining how the mistake has occurred.5. in the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the respondents, passing appropriate orders within a period of three weeks. the writ petition is disposed of. sd/- p. r. ramachandra menon, (judge) kmd

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 WP(C).No. 2591 of 2013 (Y) -------------------------- PETITIONER(S): -------------------------- SURESH KUMAR, AGED 3 YEARS, S/O.SOMAN,SARIGAMA PALACE,(THITTAYIL VEEDU), EDANJUMMOOLA,PERUNGUZHI P.O.,CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,PARLIAMENT,NEW DELHI -110 001.

2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE,THIRUVANANTHAPURAM ”

001. BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2591 of 2013 (Y) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1: TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO.K7031540 OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE 3RD PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. EXHIBIT-P3: TRUE COPY OF THE RECEIPT DATED 15 1/2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE CERTIFICATE DATED 19 1.2013 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, AZHOOR GRAMA PANCHAYATH. EXHIBIT-P5: TRUE COPY OF THE RELEVANT PAGES OF RATION CARD NO.1104170831 OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE LSN P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 2591 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of January, 2013 JUDGMENT The petitioner has approached this Court seeking for a direction to the respondents to correct the entry in respect of his date of birth in the passport.

2. The case of the petitioner is that, the actual date of birth of the petitioner is 19.05.1974, as borne by Ext. P2 relevant extract of SSLC book, whereas the same happened to be entered wrongly in the passport as 11.01.1969. It is stated that, though petitioner preferred a request for correction of date of birth, the same was not entertained by the respondent and hence is before this Court.

3. The learned counsel for the petitioner relies upon the judgment of this Court in Swapna Siju Vs. Union of India (2012 (4) KHC

38) in support of the position that, as far as the applicants born before 26.01.1989 are concerned, copy of extract of the SSLC book can be relied on for correction of date of birth without insisting for birth certificate. W.P.(C) No. 2591 of 2013 :

2. :

4. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an on-line application along with an affidavit explaining how the mistake has occurred.

5. In the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the respondents, passing appropriate orders within a period of three weeks. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd

Same Court & Year Kerala · 2013 Same Parties Suresh Kumar vs Union of India Same Subject Education Same Judge Honourable Mr.Justice P.R.Ramachandra Menon