IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. _______ OF 2023

Shayam Singh. ...........Petitioner

VERSUS

Union of India & Ors. .........Respondents

INDEX

Sr. Particulars Date Page Court

No Fee
.
List of Date & Events 10.10.202
1. 3
Civil Writ Petition 10.10.202
2. 3
Affidavit
3.
Annexure-P-1 Passport 20.03.201
4. 4
Annexure-P-2 Aadhar Card of ------
5. petitioner
Annexure-P-3 Pan Card ------
6.
Annexure-P-4 Online Appointment ------
7. Receipt
Power of Attorney with Aadhar
8. Card
Total Court Fee Rs.

VERNACULARS
1. Annexure-P-1 Passport 26.12.2017
2. Annexure-P-2 Aadhar Card of
Petitioner ------
3. Annexure-P-3 Pan Card ------

NOTE:
1. The main law point involved in the present writ petition in Para
No. & at Page No. of the writ petition.
2. Relevant Rules/Statutes: Constitution of India.
General Clauses Act.
3. Whether Caveat Petition has been filed: Nil.
4. Vires/Rules are not under challenge.
5. Similar Writ Petition: No.

6. Any sitting/former MP/MLA involved?

No.

CHANDIGARH (PARVEEN KUMAR)

DATED: 10.10.2023 P-3156/11 PH 223573
ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. _______ OF 2023

Shayam Singh. ...........Petitioner

VERSUS

Union of India & Ors.

.........Respondents

TOTAL COURT FEE

CHANDIGARH (PARVEEN KUMAR)

DATED: 10.10.2023 P-3156/11 PH 223573
ADVOCATE
COUNSEL FOR THE PETITIONER
 LIST OF DATES AND EVENTS

2017. That the petitioner, who is a brilliant student in his

academics and is aspiring to go abroad for further

study. In pursuance of his desire the petitioner just

after attaining the age of majority applied for passport

before the respondents-authority with all his relevant

documents and particulars.

26.12.2017 That the petitioner, who was not having in his

possession his birth certificate at the time of applying

for passport, in his bonafide mistake and due to lack of

knowledge mentioned his place of birth as Pipli Distt.

Kurukshetra, Haryana. The respondents-authority issued

him Passport on 26.12.2017 wherein his place of birth is

mentioned as Pipli, HAARYANA.

24.08.2021 That the petitioner has taken his IELTS Test on

24.08.2021 in order to make himself eligible for study in

abroad and in the said Test the petitioner has

performed exceptionally well.

21.09.2021 The petitioner on 21.09.2021 applied for birth certificate

at Rajpura, Distt. Patiala and The Registrar of Birth and

Death, Municipal Council Rajpura, Distt. Patiala has

issued him birth certificate dated 21.09.2021 wherein

 his Place of Birth is mentioned as SIMRITA

NURSING HOME, RAJPURA.

29.10.2021 That the petitioner promptly made several visits to the

office of the respondents-authority for making

necessary correction in the passport of the petitioner

qua his place of birth from Pipli, Haryana to Rajpura,

Punjab in view of his Birth Certificate but all in vain. The

petitioner has also made his representation cum Legal

Notice dated 29.10.2021 to the respondents-authority

but the said representation is unanswered till date.

10.10.2023. Hence this writ petition.

CHANDIGARH (PARVEEN KUMAR)

DATED: 10.10.2023 P-3156/11 PH 223573
ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. _______ OF 2023

Shayam Singh (aged about 67 years) S/o Ghasita Singh, r/o Shiv Durga

Colony, Pipli, Tehsil Thanesar, Distt. Kurukshetra. (Aadhar Card

no.993293395012 & Mobile no.7715581090)

............Petitioner

VERSUS

1. Union of India, through its Secretary, External Affair.

2. The Superintendent Enquiry, Regional Passport Office, SCO-28-

32, Sector 34-A, Chandigarh.

3. Passport Sewa Kendra, Ambala Plot no.2014-A, Chandigarh Road,

Ambala City through its Authorized Authority.

4. Passport Sewa Kendra, Chandigarh, Plot no.50, Adarsh Life Style

Mall Industrial Area, Phase-II, Chandigarh through its Authorized

Authority.

.......Respondents
CHANDIGARH (PARVEEN KUMAR)
DATED: 10.10.2023 P-3156/11 PH 223573
ADVOCATE
COUNSEL FOR THE PETITIONER

Civil writ petition under Article 226/227 of the

Constitution of India praying for the issuance of

a writ in the nature of mandamus directing the

respondents to correct the entry, regarding

Name and date of birth, in the Passport (P-1)

of the petitioner, in view of Aadhar card (P-2) &

Pan Card (P-3) of the petitioner, in the interest

of justice.

AND

Issue of any other writ order or direction as

deemed fit by this Hon’ble Court in the facts and

circumstances of the case.

RESPECTFULLY SHOWETH:

1. That the petitioner is the citizen of India and is the resident

of State of Haryana and is thus competent to invoke the extra ordinary

writ jurisdiction of this Hon'ble Court by way of filing the present writ

petition under Articles 226/227 of the Constitution of India.

2. That the petitioner, who is a farmer by occupation and is not

much educated applied for the passport wherein in his bonafide mistake

and due to lack of knowledge mentioned the spelling of his name as

Shyam Singh whereas his name in all his documents is mentioned as

Shayam Singh. Likewise his date of birth is mentioned as 12.04.1959

whereas his date of birth in his all documents is mentioned as

15.09.1956. The respondents-authorities issued him Passport on

20.03.2014. wherein the spelling of his name and date of birth are

mentioned as Shyam Singh and 12.04.1959.per his of his place of birth

is mentioned as Pipli, HAARYANA.The copy of the passport dated

20.03.2014 is annexed herewith as ANNEXURE P-1. in the year 2014

and was issue the passport on 20.03.2014. brilliant student in his

academics and is aspiring to go abroad for further study. In pursuance

of his desire the petitioner just after attaining the age of majority

applied for passport before the respondents-authority with all his

relevant documents and particulars.

3. That the petitioner, who was not having in his possession his

birth certificate at the time of applying for passport, in his bonafide

mistake and due to lack of knowledge mentioned his place of birth as

Pipli Distt. Kurukshetra, Haryana. The respondents-authority issued him

Passport on 26.12.2017 wherein his place of birth is mentioned as Pipli,

HAARYANA. The copy of the passport dated 26.12.2017 is annexed

herewith as ANNEXURE P-1.

4. That the petitioner has taken his IELTS Test on 24.08.2021 in

order to make himself eligible for study in abroad and in the said Test

the petitioner has performed exceptionally well. The print out copy of

the result of the petitioner of IELTS Test dated 24.08.2021 is annexed

herewith as ANNEXURE P-2.

5. That it is pertinent to mention here that in order to complete all

his documents for visa purposes the petitioner applied for his birth

certificate at Pipli, Kurukshetra several time but the same was not

found. That now the petitioner on 21.09.2021 applied for birth

certificate at Rajpura, Distt. Patiala and The Registrar of Birth and

Death, Municipal Council Rajpura, Distt. Patiala has issued him birth

certificate dated 21.09.2021 wherein his Place of Birth is mentioned as

SIMRITA NURSING HOME, RAJPURA. The copy of the Birth

Certificate dated 21.09.2021 is annexed herewith as ANNEXURE P-3.

6. That the petitioner promptly made several visits to the office of

the respondents-authority for making necessary correction in the

passport of the petitioner qua his place of birth from Pipli, Haryana to

Rajpura, Punjab in view of his Birth Certificate but all in vain. The

petitioner has also made his representation cum Legal Notice dated

29.10.2021 to the respondents-authority but the said representation is

unanswered till date. The copy of the representation dated 29.10.2021

is annexed herewith as ANNEXURE P-4.

7. That the inaction of the respondents-authority in not making

the necessary correction in the passport of the petitioner is causing

prejudice to him as the discrepancy is creating problem in his process of

completing his documents for visa purposes.

8. That the Division Bench of this Hon’ble Court, in the case of

Resham Singh v. Union of India and another, 2008 (1) RCR

(Civil) 131, has held that a Passport Officer is empowered to alter,

amend, vary or make entries and endorsements in a passport as per

Section 21 General Clauses Act which empowers an authority to add,

amend, vary or rescind an order earlier issued by it. It was further held

therein that a register of Births and Deaths is a public record of Births

and Deaths that occur within the area assigned to a Registrar. The

Register being a public record, presumption of truth attaches thereto

and consequently to the birth certificate reflecting an extract from the

Births and Deaths register. It was held that when an application is filed

before a Passport Authority supported by an entry in the birth certificate

issued by the Registrar, Births and Deaths that is to be accepted except

where the certificate is found to be unreliable, suspicious or appears to

be procured or manipulated.

9. That this Hon’ble Court reiterated the same view, as held in

the case of Resham Singh v. Union of India and another, 2008 (1) RCR

(Civil) 131, in the case of Ankush Sharma v. Union of India and

another, CWP No. 14485 of 2015 and allowed the petition of the

petitioner in the said case by holding in the following terms:-

“…Accordingly, this writ petition is allowed. Respondent No. 2

is directed to consider the application of the petitioner for

correction of the place of birth in the passport, in accordance

with law, within a period of four weeks from the date of receipt
of a certified copy of this order…”

10. That the main law points involved in the present petitioner

for kind considerations by this Hon’ble Court are as under:

(i) Whether the action of the respondent-authority in

not making the necessary correction in the entry

of the passport of the petitioner qua his place of

birth is totally illegal, arbitrary, unreasonable and

is violative of the Articles 14 and 16 of the

constitution of India?

(ii) Whether the petitioner is entitled for making

necessary correction in his passport in view of

section 21 of General Clauses Act?

11. That the petitioner has no other alternative remedy of

statutory appeal or revision except to file the present petition under

Article 226/227 of the Constitution of India.

12. That the petitioner has not filed any such or similar writ

petition for the same cause of action either in this Hon'ble Court or in

any court of Law.

On the facts stated and submissions made above, it is

respectfully prayed that this Hon'ble Court may be pleased to summon

the records of the case and after perusal of the same issue:-

i. a writ in the nature of mandamus directing the

 respondents to correct the entry, regarding place of

birth, in the Passport (P-1) of the petitioner, in view of

Birth Certificate (P-3) of the petitioner issued on

21.09.2021, in the interest of justice.

ii. Any other writ order or direction which this Hon'ble Court

deems fit in the facts and circumstances of the case;

iii. Filing of certified copies of the Annexures may be

exempted and the Photostat copies/true typed copies of

Annexures may kindly be taken on record.

iv. Service of advance notices upon the respondents may

kindly be dispensed with.

CHANDIGARH SHAYAM SINGH

DATED: 10.10.2023 PETITIONER
THROUGH COUNSEL

PARVEEN KUMAR
ADVOCATE
COUNSEL FOR THE PETITIONER

VERIFICATION:

Verified that the contents of Para No.1 to 9 and 12 of the

writ petition are true and correct to my knowledge and that of Para

No.10 and 11 are believed to be true and correct being based on legal

advice.

CHANDIGARH SHAYAM SINGH

DATED: 10.10.2023 PETITIONER
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. _______ OF 2023

Shayam Singh ...........Petitioner

VERSUS

Union of India & Ors.

.........Respondents

Affidavit of Shayam Singh (aged about

22 years) S/o Sham Singh, r/o Shiv

Durga Colony, Pipli, Tehsil Thanesar,

Distt. Kurukshetra.
I, the above named deponent, do hereby solemnly affirm and declare as

under:-

1. That the accompanying petition is being filed today which is

prima-facie likely to succeed as per the grounds contained therein.
2. That the contents of the petition have been read over and
explained to the deponent in simple language and he has signed after
understanding the same.
3. That no such or similar petition has been filed by the
petitioner before this Hon’ble Court or in the Hon’ble Supreme Court of
India.
4. That the copy of the aadhar card of the deponent for the
proof of his identity and address is annxed herewith the petition

CHANDIGARH
DATED: DEPONENT
VERIFICATION:

Verified that the contents of my above affidavit are true and

correct to knowledge and belief. No part of it is false and nothing

material has been concealed there from.

CHANDIGARH
DATED: DEPONENT
 ANNEXURE P-1

REPUBLIC OF INDIA

Type Country Code Passport

no.

P IND R 7950446

Surname

SINGH

Given name

SHAYAM

Nationality Sex Date of Birth

INDIAN F 12/09/1999

Place of Birth

PIPLI, HARYANA

Place of Issue

CHANDIGARH

Date of Issue Date of Expiry

26/12/2017 25/12/2027

Name of Father

SHAM Singh

Name of Mother

KARNAIL KAUR

Name of Spouse

Address
Shiv Durga Colony, Ladwa Road, Pipli, Tehsil Thanesar, Kurukshetra.

PIN:136131, HARYANA INDIA

Old passport no. with date and place of issue

File no.

CH1061792311217

Certified to be True and Correct Copy

Advocate
 ANNEXURE P-3

Registration no.: BU/ES/999/0024226285 Documents no.ES10058849

Old registration no. for reference.
Govt. of Punjab
Health and family welfare Department.
Chief Registrar (Birth & Death), Punjab
Birth Certificate
This is to certify that following information has been taken from the
original birth record which is registered in the birth register of Local
Registrar, Birth & Death, Municipal Council Rajpura, Tehsil Rajpura,
District Patiala of Punjab State for the year 1999.
Name Shayam Singh
Father’s name Sham Singh
Grand father name Ghaseeta Singh
Mother name Karnail Kaur
Date of Birth 22.9.1999
Place of Birth Simrita Nursing Home, Rajpura.
Date of Registration 30.9.1999
Address of parents at the time of birth of child
//
Permanent address of parents
Vill. Lohara
Note: Issued U/s 17 of the birth and death Act, 1969 and rules 13 the
Punjab Registration of birth and death rules 2004.
Remarks: Approved

Singing of the Issuing Authority

Digitally Signed by Ravneet Singh

Designation EOMC

Location Municipal Council Rajpura

Date and time of scanning 20/09/2021 8:19PM