Noureen Ali vs Union Of India Through Its on 5 May, 2025

Jammu & Kashmir High Court – Srinagar Bench

Noureen Ali vs Union Of India Through Its on 5 May, 2025

    WP(C) 1009/2025                                                  Page |1


                                                          S.No. 30
                                                          Regular List
  IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                      WP(C) 1009/2025 CM(2650/2025)

NOUREEN ALI                                      ...Petitioner(s)/Appellant(s)
D/O SHOWKAT ALI MIR
R/O LAL NAGAR CHANAPORA, SRINAGAR

Through: Mr. Zahid Khan, Advocate with
         Ms. Zehra, Advocate

                                    Vs.

1. UNION    OF  INDIA   THROUGH   ITS                        ...Respondent(s)
   SECEETTARY, MINISRY OF EXETRNAL
   AFFAIRS, GOVERNMETN OF INDIA, NEW
   DELHI
2. REGIONAL      PASSPORT    OFFICER,
   SRIANGAR.

Through: Mr. T.M. Shamsi, DSGI with
         Ms. Yasmeen Jan, Advocate

CORAM:
    HON'BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE
                                  ORDER

05-05-2025

1. Through the medium of the instant petition filed under Article

226 of the Constitution of India, the petitioner has sought the

following relief(s):

a) Writ of Mandamus commanding the
respondents to record the correct date of birth
as 17/10/1994 in the fresh passport of the
petitioner in accordance to the date of birth
mentioned on the Date of birth certificate
issued by the Registrar Of births and deaths
as well as the date of birth certificate issued
by School Education Department.

b) Any other Writ, order or direction which this
Hon’ble court may deem fit and proper may
also be issued in favour of the Petitioners and
against the Respondents.

WP(C) 1009/2025 Page |2

2. The facts leading to filing of the present writ petition are that

the petitioner in the year 2005 was issued a passport bearing No.

F2809305 wherein, her date of birth was recorded as 17.11.1994 and,

after the expiry of the said passport, she was issued another passport

on 12.08.2011 bearing No. J7220154 wherein her date of birth was

also recorded as 17.11.1994.

3. It is stated that the actual date of birth of the petitioner is

17.10.1994 instead of 17.11.1994, for which, the petitioner had

applied before the competent authorities for correcting the same and

accordingly, the Srinagar Municipal Corporation (SMC) issued the

Date of Birth Certificate in favour of the petitioner on 16.07.2024

under section 12/17 of the Registration of Births and Deaths Act,

1969 and Rules 8/13 of Jammu & Kashmir Registration of Births and

Deaths Rules, 2022, wherein the date of birth of the petitioner is

recorded as 17.10.1994.

4. It is further stated that the petitioner applied before the

respondents for the issuance of passport on the basis of date of birth

certificate issued by the SMC and the Board of School Education and

other related documents, however, the petitioner was conveyed to get

the order from the Court for getting correct date of birth recorded in

the passport.

5. Mr. Zahid Khan, learned counsel for the petitioner argues that

the petitioner was a minor at the time of the issuance of the passport

and the date of birth of the petitioner has been reflected and entered in

the passport as 17.11.1994 instead of 17.10.1994, which is the actual

date of birth of the petitioner. He further argues that at the time of
WP(C) 1009/2025 Page |3

issuance of the passport, the petitioner was not holding the

matriculation date of birth certificate, as such, incorrect date of birth

of the petitioner did not come to the knowledge of the respondents.

6. Learned counsel for the petitioner has placed reliance upon an

order passed by a Coordinate Bench of this Court in an identical writ

petition bearing WP(C) No.101/2025 titled “Aisha Mahmood vs.

Union of India” decided on 11.02.2025 and submits that the same

order be passed in the instant petition as well, as the facts and law

pleaded in the present petition are similar to the petition of Aisha

Mahood (supra).

7. Heard Mr. Zahid Khan, learned Advocate with Ms. Zehra,

learned Advocate for the petitioner and also Mr. T.M. Shamsi, learned

DSGI assisted by Ms. Yasmeen Jan, learned Advocate for the

respondents and perused the material on record.

8. With a view to maintain parity, this Court deems it proper to

pass the same order in the present petition as has been passed by the

Coordinate Bench of this Court in WP(C) No. 101/2025.

9. Accordingly, the instant petition is disposed of at its very

inception stage with a direction to the respondents to consider the

issuance of the passport in favour of the petitioner showing her date

of birth as 17.10.1994 instead of 17.11.1994 in accordance with law

within a period of two weeks.

10. Disposed of.

(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR:

05-05-2025
Mubashir