IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14533 of 2008 Between: Namrata Nalin Kapadia D/o.Nalin Mathuradas Kapadia R/o.23, Panchavati Colony, Sonali Coop Housing Society, Bowenpally, Secunderabad. ..... PETITIONER AND The Regional Passport Officer, Regional Passport Office, Secnderabad. .....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 to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent in not accepting the application for rectification and correction of date of birth of the petitioner is illegal, arbitrary and contrary to the circular dt. 18.04.2001, issued by the Government of India, Ministry of External Affairs, New Delhi, and consequently direct the Respondent to rectify and correct the date of birth of the petitioner as 29.12.1988 instead of 29.12.1989 in Passport bearing No.F3304850 dated 13.04.2005, and pass such other order or orders. Counsel for the Petitioner: MR.B.CHANDRASEN REDDY Counsel for the Respondent No.: . The Court made the following : O R D E R: This Writ Petition has been filed by Namrata Nalin Kapadia assailing the action of the respondent in not entertaining her application for rectification of correction of her date of birth. The petitioner holds a passport bearing No.F3304850, dated 13.4.2005. It is valid upto 12.4.2015. Her date of birth is 29.12.1988. She was adopted by Sri.Nalin Mathuradas Kapadia and Smt.Nita Kapadia after the death of her natural father. Initially her name was Sukhmani. Subsequently, her adoptive parents changed her name to Namrata Nalin Kapadia. Her change of name was also published in the daily newspaper Deccan Chronicle, hyderabad publication. Her date of birth has been shown in the passport as 29.12.1989 instead of 29.12.1988. When she approached the respondent-authority for rectification of her date of birth in passport, the authorities refused to entertain her application. Notice before admission has been ordered. Despite service of notice respondent did not chose to enter appearance through person or through a counsel. Heard learned counsel appearing for the petitioner and perused the record. Learned counsel appearing for the petitioner submits that the date of birth of the petitioner has been wrongly mentioned in the passport as 29.12.1989 instead of 29.12.1988 and therefore the date of birth is required to be modified. With regard to rectification of date of birth in the passport, it is no more a res-integra in view of various decisions of this Court and also the circular issued by External Affairs Department, Government of India dated 18th April, 2001. Under the provisions of the Passport Act, 1967, no power is vested in the Regional Passport Officer to correct entries in the passport. In ALI IMRAN V. REGIONAL PASSPORT OFFICER, SECUNDERABAD[1] this court has considered the Circular dated 18.4.2001 issued by Government of India in the Ministry of External Affairs pursuant to the judgment of the High Court of Judicature at Bombay in Civil Writ Petition No.1072 of 2000. The instructions/clarifications issued in the said Circular read as under: (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. In that view of the matter, this writ petition is disposed of directing the respondent to entertain and consider the application of the petitioner to modify her date of birth as 29.12.1988 instead of 29.12.1989 if it is otherwise in accordance with Circular dated 18.4.2001 issued by Government of India, Ministry of External Affairs. 23rd July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14533 OF 2008 23RD JULY 2008. [1] 2003(4) ALT 474