Guidelines Relating To Issuance Of Indian Passports Cannot Circumvent Passport Act & Rules: Kerala High Court
The Kerala High Court has held that the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.The judgment was passed by Justice Mohammed Nias C.P. while considering a writ petition before the Court. The petition was preferred for...
The Kerala High Court has held that the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.
The judgment was passed by Justice Mohammed Nias C.P. while considering a writ petition before the Court. The petition was preferred for a direction to the 2nd respondent (Regional Passport Office, Cochin) for re-issue of passport with date of birth corrected as per the Birth Certificate of the petitioner.
Facts
The petitioner stated that the respondents refused to consider her application (Exhibit P16) for re-issue of passport with date of birth corrected as per her Birth Certificate. However, it was insisted that the date of birth be corrected in the service records before considering the application.
The petitioner submitted that as per Exhibit P11, which is the Government Order relating to correction of date of birth in Service Books, corrections had to be done within a period of five years from entering the service. Alternatively, it should have been done within one year from the date of Ext. P11. However, since the time prescribed had already lapsed, it has become impossible to do what the respondents are insisting on.
It was contended by the petitioner that as per the Passport (Amendment) Rules, 2025 (Exhibit P15), only an affidavit mentioning the reason for change in date of birth is required. Therefore, the guidelines/manual, which is relied upon by the respondents to insist correction in Service Books, is contrary to the statutory law.
Finding
The Court relied on the Supreme Court decision in State of Madhya Pradesh vs. Narmada Bachao Andolan and the decision of the Kerala High Court in Sulfikar vs. The Kerala State Election Commission to understand the meaning of the doctrine of impossibility.
The Court observed:
“…when it appears that the performance of the formalities prescribed by a statute has been rendered impossible by circumstances over which the persons interested had no control, like an act of God, the circumstances will be taken as a valid excuse...
…As such, the insistence on a condition that is incapable of performance cannot be accepted.”
Therefore, the Court was of the opinion that since performance of the condition insisted by the respondents has become impossible, the petitioner would be excused from performance.
It was also found that there is no statutory provision requiring correction in service records for correction of date of birth in passports of Government Servants. Therefore, the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.
The Court, thus, allowed the writ petition, directing the 2nd respondent (Regional Passport Office, Cochin) to consider Exhibit P16 application in accordance with the applicable Rules, viz., Passports (Amendment) Rules, 2025.
Case No: WP(C) No. 17195 of 2025
Case Title: Josna Raphael Poovathingal v. Union of India and others
Citation: 2025 LiveLaw (Ker) 309
Counsels for the Petitioner: K.R. Ganesh, Elvin Peter P.J. (Sr.), Ahsana E., Adarsh Babu C.S.
Counsels for the Respondents: C. Dinesh, CGC