IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 11463 of 2009 Between: Mujtaba Sissiqui S/o. Muneer Siddiqui R/o H.N. 9-4-131/1/B/133/1 Nadeem Colony, Taolichowki, Hyderabad. ..... PETITIONER AND The Regional Passport Officer, Hyderabad adjacent Prasanth Theater, near Clock Tower Secunderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction or issue an appropriate writ more particularly in the nature of writ of Mandamus, directing the respondent herein to carryout Correction/alternation of date of birth of petitioner as 19-8-1986 instead of 22-8-1986 in the passport vide No. L 272839 and issue corrected fresh passport to the petitioner and consequently declare the action of the respondent in not making such corrections is illegal, arbitrary and violative of Article 14, of the Constitution of India and against the provisions of Pass Port Act and to pass Counsel for the Petitioner:MR.S.CHANDRASEKHAR Counsel for the Respondent No.: MR.P.VENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11463 of 2009 ORDER : This writ petition is filed seeking a declaration that the action of the respondent in not making corrections/alteration of date of birth of the petitioner herein in his passport, as arbitrary and illegal. The petitioner was issued Passport No. L 272839 dated 24.4.1992 when he was just six year old. After attaining majority when he wanted to go abroad, it was found that the petitioner’s date of birth was wrongly mentioned in the passport as 22-8-1986 instead of 19-8- 1986. In the circumstances, the petitioner made an application on 25-2-2009 requesting the respondent to make corrections in the passport with regard to his date of birth. Though the petitioner submitted all the relevant documents to substantiate his correct date of birth, the respondent failed to respond. Hence, this writ petition is filed. I have heard the learned Counsel for both the parties. It is to be noted that though there is no provision under the Passports Act, 1967 providing for correction of entries in the passport, the Government of India issued instructions/clarifications vide Circular dated 18-04-2001 which run as under : (a) Where an applicant is seeking rectification/Correction of a mistake in the entry of date of birth/place of birth in the passport, PIA (Passport Issuing Authority) may after verifying/satisfying himself, affect the correction treating the same as a technical correction. There is no need for a declaratory order in such cases. (b) Where a competent authority issuing a birth certificate or an educational board registering a date of birth along with place of birth as valid were to issue any correction or amendment, PIA may effect the necessary amendment in the passport without insisting on a Court Order. As per the provisions of Section 21 of the General Clauses Act, 1997, a competent authority issuing a certificate could also make necessary amendments to the same. (c) Where the initial entry has been made on the basis of a supportive document issued by one competent authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i.e., municipal authorities resulting in conflicting sources of valid proof, the PIA should direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date of birth/place of birth. The above instructions are binding on the respondent and any request for correction of the entries in the passport has to be considered in terms of the Circular dated 18-04-2001, according to which a declaration from a competent Court of jurisdiction is required only where Clause (c) of the Circular dated 18.04.2001 is attracted. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of with a direction to the respondent to consider the petitioner’s representation dated 25/2/2009 in terms of the Circular dated 18-04-2001 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order. No costs. __________________ Justice G. Rohini Date: 12-6-2009 mrb