Jammu & Kashmir High Court – Srinagar Bench
Saleet Bin Nissar Through vs Union Of India And Ors on 18 August, 2025
Serial No. 16
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1966/2025 CM No. 5209/2025
SALEET BIN NISSAR THROUGH
HIS FATHER.
...Petitioner(s)/Appellant(s).
Through: Mr. Mohammad Hussain, Advocate.
Vs.
Union of India and Ors. ...Respondent(s).
Through: Mr. T.M. Shamsi, DSGI with
Ms. Yasmeen Jan, Advocate for R1 and R3.
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER
18.08.2025
1. Mr. T.M. Shamsi, ld. DSGI appears and accepts notice on behalf of
Respondents 1 and 3.
2. Through the medium of the instant petition filed under Article 226 of
the Constitution of India, the petitioner, who is a minor and has filed the
instant petition through his father Nissar Ahmad Reshi as his next friend,
has sought the issuance of a direction/writ in the nature of mandamus for
commanding upon the respondents to re-issue passport in his favour with
the mention of the correct Date of Birth in the same as 19.05.2009.
3. The case of the petitioner in nutshell is that he was holding a passport
under No. K6925841 which got expired and whereafter he applied for re-
issuance of the same. That on the date of appointment with the respondent
No. 3, he came to know that his date of birth as mentioned in the original
passport is incorrect for, having been mentioned as 19.05.2008 instead of
his actual date of birth i.e., 19.05.2009. That his application for re-issuance
of passport was rejected because of variation of date of birth in the
previously issued passport and the documents of proof of birth being
enclosed with the fresh application.
4. I have heard the learned counsel for the petitioner as also the learned
counsel for the respondents 1 and 3.
5. It is, inter alia, submitted by the learned counsel for the petitioner that
the petitioner was minor when he applied for issuance of his passport
through his next friend and at which time incorrect date of birth came to be
mentioned in the same. The learned counsel submitted that he is still a minor
and his date of birth, as mentioned in all his school leaving certificates and
other birth date related documents, is 19.05.2009. The learned counsel
prayed for the issuance of direction upon the respondents for re-issuance of
passport in favour of the petitioner with the mention of the correct date of
birth therein.
6. Learned counsel for the respondents 1 and 3 Mr. T. M. Shamsi, ld.
DSGI, in rebuttal, however, argued that the mistake, if any, alleged has not
come into being on the part of the respondents. The learned counsel
submitted that there is no merit in the petition which deserves outright
dismissal.
7. In the facts and circumstances of the case and especially having
regard to the fact of the petitioner still being a minor, this Court is of the
opinion that, it may meet the ends of justice in case the matter is taken up
for disposal at this threshold stage for passing of such appropriate orders
which are not likely to affect the rights of the respondents.
8. Accordingly, the instant application is disposed-of at this stage with
the direction to the respondents to consider the re-issuance of the passport
in favour of the petitioner in accordance with the law, with mention of his
actual date of birth in the same as 19.05.2009.
9. Disposed of.
10.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:
18.08.2025
“Shahid Manzoor”