"The Birth Date Dilemma: When Official Records Clash with Reality Introduction"



Introduction

This case from the Patna High Court involves a young woman, Kumari Akriti, and a discrepancy in her official date of birth. It highlights the problems that can arise when different official documents contain conflicting information, especially concerning something as fundamental as a person's birthdate. The court's decision addresses how to resolve such conflicts, particularly in the context of passport issuance, and emphasizes the importance of relying on credible evidence like school records.

The Conflicting Dates

The petitioner, Kumari Akriti, found herself in a predicament due to inconsistencies in her recorded date of birth.

  • A birth certificate listed her date of birth as December 12, 1997.

  • Her passport, however, showed her birthdate as December 12, 1998.

  • In contrast, her school records, including her Class X Central Board of Secondary Education (CBSE) certificate and admission register, indicated her actual date of birth as December 12, 1999.

The Petitioner's Plea

Kumari Akriti sought the court's intervention to rectify this discrepancy. She wanted the Patna Municipal Corporation to acknowledge December 12, 1999, as her correct and official date of birth. She argued that this was her true date of birth, supported by her academic records.

The Court's Examination

The Patna High Court carefully considered the evidence and the legal principles involved in determining the correct date of birth.

  • Evidence from School Records: The court acknowledged the significance of school records in such cases. It noted a previous Supreme Court ruling that favored school admission registers as reliable evidence, reasoning that parents are unlikely to provide an incorrect date of birth when admitting their child to school.

  • Guidelines for Passport Correction: The court also took into account the guidelines issued by the Ministry of External Affairs regarding changes or corrections to the date of birth in passports. These guidelines allow passport officers to make decisions on date of birth corrections in existing passports without requiring a court order.

  • Circular No. VI/401/2/5/2001: The court specifically referred to Circular No. VI/401/2/5/2001, dated November 26, 2015, issued by the Ministry of External Affairs. This circular outlines the procedure for correcting the date of birth in a passport. Importantly, it also includes a provision for cases where the applicant applies for a correction more than five years after the passport's issuance. In such cases, the request is typically rejected, but an exception can be made if the applicant was a minor when the passport with the incorrect date of birth was issued.

The Decision and Its Implications

The Patna High Court, after reviewing the facts and legal provisions, directed the Regional Passport Officer in Patna to consider Kumari Akriti's application for a new passport with her correct date of birth, as per her CBSE certificate. The court emphasized the need for the Passport Officer to verify the authenticity of the CBSE certificate.

This decision has several important implications:

  • Recognition of School Records: It reinforces the evidentiary value of school records in date of birth disputes.

  • Adherence to Passport Guidelines: It ensures that the authorities adhere to the Ministry of External Affairs' guidelines for passport date of birth corrections.

  • Relief for Applicants: It provides a pathway for individuals facing discrepancies in their date of birth records to obtain accurate documents, particularly passports, which are essential for various purposes.

  • Expeditious Resolution: It directs the concerned authority to act promptly, ensuring a timely resolution of the matter.

Conclusion

The case of Kumari Akriti highlights the complexities that can arise from conflicting date of birth records. The Patna High Court's decision demonstrates a practical and just approach to resolving such issues, balancing the need for accurate official documentation with the reliance on credible evidence and established guidelines.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTUjMTE0NjAjMjAxOSMxI04=-WsnxXXyI7BU=