The Jammu and Kashmir and Ladakh High Court at Srinagar has directed the passport authorities to reconsider a minor’s application for a fresh passport after his date of birth remained unchanged despite corrections in his school and birth records.
Justice Sanjay Parihar passed the order on September 2, 2026, in a petition filed by Mohammad Fazli Illahi through his father.
Background of the Case
The petitioner’s passport had originally recorded his date of birth as 12 July 2004, while his date of birth was subsequently corrected to 25 May 2008 in his official records. According to the order, the incorrect date had entered the school records at an early stage and was later corrected in 2018 after the prescribed formalities were completed.
His subsequent academic records, including his 10th, 11th and 12th standard certificates, reflected May 25, 2008. The same date was also recorded in his Aadhaar card and a fresh birth certificate issued in January 2026. The earlier birth certificate relied upon by the passport authorities was subsequently cancelled by the competent authority.
The petitioner had also secured admission to a medical programme in Kyrgyz Republic for the 2026–27 academic session. The order records that the university had also entered his date of birth as May 25, 2008.
Court’s Observation
The High Court examined the Ministry of External Affairs’ 2015 circular governing correction of dates of birth in passports. The circular generally restricts such requests after five years, but specifically provides an exception for persons who were minors when the passport containing the incorrect date was issued.
The Court found that the passport officer had failed to properly consider this exception and the corrected documentary record.
“The Passport Officer was required to consider their own circular in which special concession has been made in case of minors.”
The Court further observed that the petitioner was a minor when the earlier passport was issued and that his school records and birth records had subsequently been corrected through the competent authorities.
Decision
The High Court allowed the writ petition and issued a writ of mandamus, meaning a direction requiring a public authority to perform its legal duty.
The Court directed the respondents, particularly respondent No. 2, to consider the petitioner’s application for issuance of a fresh passport reflecting his correct date of birth on the basis of his Matriculation Certificate within two weeks from the date of receipt of a copy of the order. The petition was thereafter disposed of.
Case Title: Mohammad Fazli Illahi through his father v. Union of India and another
Case Number: WP (C) 853/2026; CM (2211/2026)
Judge: Justice Sanjay Parihar
Decision Date: September 2, 2026
