Srinagar, Sep 8: The Jammu and Kashmir and Ladakh High Court has directed the passport authorities to consider issuing a fresh passport to a Pulwama student with his correct date of birth, after finding that the authorities had failed to properly consider his corrected official records.
Justice Sanjay Parihar passed the directions on September 2 while allowing a petition filed by Mohammad Fazli Illahi through his father in WP (C) 853/2026. The petitioner was represented by Advocate Tasaduk Hussain Reshi, while the respondents were represented by Advocate Yasmeen Jan, appearing vice Advocate T. M. Shamsi, DSGI.
The case concerned the date of birth recorded in the petitioner’s passport. His correct date of birth is May 25, 2008, while his passport carried July 12, 2004.
According to the Court order, the incorrect date had been recorded at the initial stage of the petitioner’s schooling and subsequently appeared in his first passport issued in 2012.
The Court noted that the petitioner discovered the error in 2018 and approached the Zonal Education Officer, Kakapora, Pulwama. Following verification and completion of the requisite formalities, his date of birth was corrected in the official school records.
His subsequent academic records, including his 10th, 11th and 12th standard certificates, reflected May 25, 2008. The same date was also recorded in his Aadhaar Card
The Court further noted that a fresh Birth Certificate issued on January 21, 2026 certified May 25, 2008 as his date of birth. The earlier Birth Certificate issued in 2011, which had carried the incorrect date, was subsequently cancelled by the Chief Medical Officer, Pulwama
Despite the corrections, the petitioner was issued a fresh passport on November 29, 2024 in which the earlier date of July 12, 2004 continued to be recorded.
The petitioner subsequently submitted representations to the Regional Passport Officer on October 18, 2024 and January 5, 2026 seeking correction of the date of birth. He also submitted an online application on January 27, 2026.
The passport authorities opposed the petition, maintaining that the earlier passport had been issued on the basis of the birth certificate available at that time and that the petitioner had not sought correction during the validity of the earlier passport.
The High Court, however, referred to the Ministry of External Affairs circular dated November 26, 2015, which provides an exemption in cases where an applicant was a minor when a passport carrying an incorrect date of birth was issued.
The Court observed that the petitioner was a minor when his first passport was issued and that, by the time he applied for a fresh passport, his school records had already been corrected and the earlier birth certificate had been cancelled by the competent authority.
The Court held that the Passport Officer had failed to consider the petitioner’s case in light of the applicable circular and the corrected documentary record
The Court also noted that the petitioner had qualified NEET 2025 and secured admission to the International Higher School of Medicine in Bishkek, Kyrgyz Republic, for the 2026-27 academic session. The institution had recorded his date of birth as May 25, 2008.
The Court observed that failure to issue a passport reflecting the correct date of birth could put the petitioner’s medical admission and an entire academic year at risk.
Referring to the Supreme Court judgment in Maneka Gandhi v. Union of India, the High Court observed that denial of a passport reflecting the correct date of birth would affect the petitioner’s right to free movement, particularly when he had secured admission to a medical programme abroad.
The Court held that the inaction of the authorities was arbitrary and unreasonable, violative of the principles of natural justice and contrary to the mandate of the Passports Act, 1967 and the applicable rules.
“The Court finds a grave injustice has been caused to the petitioner,” the order states.
The High Court accordingly issued a writ of mandamus directing the concerned passport authority to consider the petitioner’s application for issuance of a fresh passport reflecting his correct date of birth on the basis of his Matriculation Certificate within two weeks from receipt of a copy of the order.
The petition was accordingly disposed of. The order was pronounced on September 2, 2026 and has been marked as speaking and reportable. [KNT]
