Delhi HC Dismisses Woman’s Plea To Cancel Birth Certificate Behind Passport Objection, Says Tampering Claims Need Evidence

The petitioner sought cancellation of a birth certificate issued by Alwar Municipal Corporation on 15 November 2018, alleging that her relatives had procured it by tampering with the municipal birth register and inserting her name.

She alleged that the certificate had been relied upon in a complaint to the Regional Passport Office asserting that she had supplied incorrect particulars when obtaining renewal of her passport in March 2018.

She also sought directions concerning future passport complaints and renewal, and an investigation into the alleged forgery.

The petition was brought under Article 226 of the Constitution.

The Court applied the limits of writ jurisdiction under Article 226: where resolution of the dispute requires adjudication of contested facts and examination and appreciation of evidence, including original records, those issues are not appropriately determined in writ proceedings and should be pursued before an appropriate forum.

It also held that a prospective apprehension, by itself, does not justify a blanket restraint on statutory authorities; any complaint received must be considered according to law and on its merits after verification of the material.

The allegations required determination of whether the birth certificate was genuine, how the petitioner’s name came to be entered in the municipal register, and whether private individuals or municipal officials had participated in tampering. Resolving those matters would require evidence and examination of municipal records, which the Court considered unsuitable for adjudication under Article 226.

The requested prospective protection against future passport complaints was also unwarranted: the authorities must assess any complaint received on its own merits and after verification, while the concern about objections at a future passport renewal was premature.

It expressly made no finding on the genuineness of the birth certificate or the allegations of forgery and tampering.

The writ petition and pending applications were dismissed.