THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.9826 OF 2010 Dated 28th April, 2010 Between: Mohammed Akbar …Petitioner And The Regional Passport Officer …Respondent Counsel for the petitioner : Ms.J.Sumathi. Counsel for the respondent: Mr.B.Mayur Reddy. The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the inaction of the respondent, in correcting the petitioner’s date of birth in passport bearing No.B3745814, as illegal and arbitrary. The petitioner sought for a direction to the respondent to correct his date of birth as 17-06-1986 instead of 10-07-1979 in his passport. ​I have heard Smt.J.Sumathi, learned Counsel for the petitioner, and Sri B.Mayur Reddy, learned Additional Standing Counsel for Central Government representing the respondent. The petitioner made an application for correction of his date of birth as 17-06-1986 instead of 10-07-1979, as per his Secondary School Certificate issued by the Board of Secondary Education, in his passport bearing No.B3745814, but the respondent refused to receive the same. Hence, he filed the present Writ Petition. At the hearing, the learned counsel for the petitioner placed reliance on Circular, dated 18.04.2001, issued by the Government of India and contended that the petitioner’s case falls under Clause (a) of the said Circular. It is relevant to reproduce the contents of the said Circular hereunder: “ a) Where an applicant is seeking rectification/correction of a mistake in the entry on 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 i.e., school/educational 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”. According to the above Circular, where the passport issuing authority is satisfied that a mistake occurred in the entry of date of birth, after verification/satisfying himself, he can effect correction in the passport treating the same as a technical correction; and, in such a case, there is no need for a declaratory order. Even in cases falling under Clause (b), where the competent authority, who has issued the certificate earlier, has issued a corrected or amended certificate, there is no need for the person seeking rectification of entry in the passport regarding date of birth to approach a civil Court and obtain a decree. It is only in respect of the persons falling in Clause (c) i.e., where there are two conflicting documents issued by different authorities, a person will have to approach the civil Court and obtain a decree. From the averments contained in the affidavit, it appears that the petitioner’s case falls under Clause (a) supra, i.e., on the basis of the Secondary School Certificate, the petitioner is seeking rectification/correction of the mistake crept in the passport. If the respondent is satisfied that there is no other conflicting document produced on behalf of the petitioner, on the basis of which the passport was issued, he shall correct the date of birth in the petitioner’s passport without relegating him to the civil Court. If, on the other hand, the respondent finds a certificate issued by a competent authority containing the petitioner’s date of birth on the basis of which passport was issued and the said entry is coming into conflict with the document, which the petitioner is now proposing to produce, then only the petitioner can be asked to obtain a decree from the competent civil Court. The respondent is, therefore, directed to receive the petitioner’s application for correction of his date of birth and issuance of corrected passport and dispose of the same in the light of the observations contained above, within three weeks from the date of receipt of the said application. The writ petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.12657 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 28th April, 2010 lur