Court advises petitioner to approach Allahabad High Court for grievances regarding birth date correction and ECR status removal
In a significant ruling, the Delhi High Court, presided over by Justice Dr. Swarana Kanta Sharma, dismissed a petition filed by Chintan Agrawal seeking the correction of his date of birth and the removal of the 'Emigration Check Required' (ECR) status from his passport. The court ruled that the petition was not maintainable due to lack of territorial jurisdiction, advising the petitioner to approach the Allahabad High Court for redress.
The case revolved around the incorrect recording of Agrawal's date of birth on his birth certificate, which was initially issued by the Agra Municipal Corporation. Despite the error being corrected in 2006, the wrong date persisted on Agrawal's passport, issued by the Regional Passport Office in Ghaziabad. Agrawal's request for correction was rejected by the passport office, prompting him to issue a legal notice in July 2025, which was subsequently declined.
During the proceedings, the respondents raised a preliminary objection regarding the territorial jurisdiction of the Delhi High Court, asserting that the cause of action arose entirely within Uttar Pradesh. The court agreed, emphasizing that the authorities involved were situated in Uttar Pradesh, thereby placing the matter outside Delhi's jurisdiction.
The judgment cited precedent from the Supreme Court, highlighting that jurisdiction under Article 226 of the Constitution is determined by the location where the cause of action arises, not merely the location of the central government's seat. The concept of 'forum conveniens' was also discussed, reinforcing the notion that even if a small part of the cause of action arises within a jurisdiction, it is not necessarily determinative unless the court is the most appropriate forum.
In dismissing the petition, Justice Sharma granted Agrawal the liberty to seek remedies before the appropriate forum, specifically the High Court of Judicature at Allahabad.
Bottom line:-
Territorial jurisdiction of a High Court under Article 226 of the Constitution of India is determined by the location where the cause of action, or a part thereof, arises. Mere location of the seat of the Union Government or the concerned authority within the territorial jurisdiction of a High Court does not, by itself, confer jurisdiction.
Statutory provision(s): Article 226 of the Constitution of India
Chintan Agrawal v. Union of India, (Delhi) : Law Finder Doc id # 2937708
