Doreen Veronica Fernandes vs The Union of India and Regional Passport Officer

K.L. Manjunath, J.—Petitioner is requesting this court to issue a writ of mandamus directing R-2 & 3 to change the place of birth in the passport of the petitioner as if she born in Manama, Kingdom of Bahrain instead of Bejai, Kapikad, Mangalore. It is the case of the petitioner that she was born on 2.3.1955 at Manama, Kingdom of Bahrain. Her father was employed in Bahrain from 1948 to 1984. Thereafter she returned to Mangalore and permanently residing at Mangalore. She filed an application for grant of passport. Accordingly, passport was granted to her. At the time of submitting the application for grant of passport, against the column place of birth it was wrongly mentioned by her as if she was born at Bijai, Kapikad-Karnataka instead of mentioning Manama, Kingdom of Bahrain. Having realized such a mistake, she approached the respondents for change of place of birth by producing the birth certificate. Same has not been considered by the Respondents. Accordingly, letter has been addressed to the petitioner on 11.12.2010 as per Annexure-F calling upon the petitioner to produce the birth certificate issued by the competent authority duly attested by Indian Embassy, Bahrain and also declaratory order from JMFC Court mentioning the date of birth and place of birth. This order is called in question.

According to the petitioner, she possess certificate issued by the Indian Embassy at Bahrain to show that she was born at Manama, Her grievance is that if she is directed to produce declaratory decree to be obtained by JMFC., it would take a long time and in such event she cannot continue to have the passport which bears wrong place of birth. Therefore present petition is filed.

After hearing, this court is of the opinion that if petitioner is having birth certificate issued by the Kingdom of Bahrain which is duly attested by the Indian Embassy at Bahrain and based on the same if she is intending to get the mistake corrected in the passport, she should have approached the passport officer instead of approaching this court. Therefore, it is for the petitioner to approach the Respondents for re-considering her case and on production of valid document in regard to proof of her birth place, it is for the Respondents to take action in accordance with law. With the above observations, the petition is disposed of.