THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.16783 of 2007 Date : 13-9-2007 Between : Waseem Fatima d/o.Md.Khasim .. Petitioner And The Regional Passport Officer, Secunderabad. .. Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.16783 of 2007 ORDER: 1. This Court ordered Notice before admission on 7-8-2007 and rule nisi on 6-9-2007. 2. The Writ Petition is filed for a Writ Petition declaring the inaction of the respondent in refusing to correct the date of birth of the petitioner as being illegal, arbitrary and unjust and consequently direct the respondent to change the date of birth of the petitioner in Passport bearing No.B 0870265 and to pass such other suitable orders. 3. It is stated that the petitioner obtained Passport bearing No.B 0870265, but his date of birth in the Passport was wrongly mentioned as 24-10-1976 in stead of 24-10-1982. It is further stated that the respondent while entering the particulars of the petitioner in the Passport wrongly noted the date of birth as 24-10- 1976 in stead of 24-10-1982 and further due to inadvertence neither the petitioner nor his parents noted the mistake crept in the Passport. It is also further stated that recently during the last week of July 2007 the petitioner noted the error in the Passport with regard to his date of birth and approached the respondent for making necessary corrections. The petitioner personally visited the office of the respondent with a representation dated 25-7-2007 seeking correction in the date of birth. However, the respondent refused to receive the representation and directed the petitioner to approach a Court of Law for correction of the date of birth. It is further stated that as per the Circular dated 18-4-2001 issued by the Government of India, Ministry of External Affairs, if the corrections in the date of birth are to be carried out, there is no need for a declaratory order. The petitioner requested the respondent if the correct date of birth is not recorded, it would lead to several complications in future and the date of birth should have been corrected by the respondent. The action of the respondent in refusing to correct the date of birth of the birth in the Passport is illegal and arbitrary. Further, as per the decision of this Court in Asra Begum Vs. Regional Passport Officer, Secunderabad [1] for a correction in the entry with regard to date of birth, there is no need for a declaratory order. If the directions are not issued to the respondent to correct the date of birth of the petitioner in the Passport, the petitioner will be put to irreparable loss and injury. In such circumstances, the petitioner approached this Court praying for the relief specified supra. 4. The Circular dt.18-4-2001 reads as hereunder:- Ministry of External Affairs (PV-I Section) Circular ___/401/2/5/2001 18th April, 2001 As per the current practice, in case of change of date of birth/place of birth, the applicant is required to produce the original declaratory order from a First Class Judicial Magistrate. However in view of the recent Judgment given by the High Court of Judicature at Mumbai in CWP No.1072 of 2000 filed by Shri Jigar Harish Shah, the following clarifications are issued: (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 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 affect 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. Sd// (Manju) Under Secretary (PV-I) All Passport Issuing Authorities Copy for information to L&T Division, MEA 5. In Mohd.Narsullah Khan v. Regional Passport Officer, Hyderabad [2] it was held : “ I n Ali Imran v. Regional Passport Officer, Secunderabad (2003 (4) ALT 474 = 2003 (3) ALD 625, I have considered the Circular dated 18-4-2001 issued by the 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 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 affect 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 view of the above clarifications, I disposed of the said case observing as under: Be it noted that under the provisions of the Passports Act, 1967, no power is vested in the Regional Passport Officer to correct entries in the passport. However, pursuant to the Judgment of the High Court of Bombay referred to hereinabove, it is now permissible for the Regional Passport Officer to accept applications for rectification/correction. Nonetheless, as per clause (c) above, if an entry had been made on the basis of a supportive document issued by one authority i.e., school or educational authority and subsequently the applicant requests for a change of the entry on the basis of the certificate issued by another authority the passport issuing authority is required to direct the applicant to obtain a proper declaration from the civil Court. In this case, the petitioner has produced Secondary School Certificate to prove that his correct date of birth is 1-4-1976. Therefore, the claim of the petitioner is well supported and squarely falls in Clause (a) of the Circular dt.18-4- 2001. Following the Judgment of this Court in Ali Imran (referred above) this Writ Petition is also disposed of directing the respondent to consider the application of the petitioner along with the Secondary School Certificate No.PC/01/0190544/2 PRIVATE, issued by the Secretary, Board of Secondary Education, Andhra Pradesh, Hyderabad, and to pass appropriate orders in the light of the observations made in the above Judgment. There shall be no order as to costs.” 6. This Court again in Durgempudi Venkata Raghava Vs. Pass Port Officer, Ministry of External Affairs, Passport Office, Hyderabad [3] observed at paras 9 to 14 as hereunder : “Placing reliance on the clarification issued on the aforesaid Circular, Writ Petition No.8533 of 2004, was disposed of directing the respondents to consider the representation of the petitioner along with the Secondary School Certificate issued by Secretary, Board of Secondary Education, Andhra Pradesh and pass appropriate orders in the light of the observations made in the said judgment. It is no doubt true that the present Writ Petition was filed in the year 1997 and the Government under Ministry of External Affairs issued the Circular referred to supra on 18-4-2001. As can be seen from the material available on record, the certificates which had been produced before this Court, it is clear that it is only a bona fide mistake which had crept in. Apart from this aspect of the matter, no counter affidavit had been filed denying the specific averment made in the affidavit filed in support of the Writ Petition that along with the application form for passport, the Travel Agent also enclosed copies of S.S.C. certificate, Intermediate certificate and also Degree certificate. Therefore, it is evident that without verifying the date of, the respondent authority just took the date of birth as filled up in the application form and issued the passport. Hence, it is needless to say that it is only a bona fide mistake. The learned Senior Standing Counsel for Central Government, no doubt submitted that in such a situation, if the passport was issued prior to the said circular it would be proper to give an opportunity to the writ petitioner to file fresh application for issuance of passport to the competent authority. In the light of the facts and circumstances, especially in view of Clause (a) of the Circular, dated 18-4-2001 referred to supra and also in view of the fact that all these copies of documents also had been produced at the time of filing of the application form but a bona fide mistake had crept in, the Writ Petition is disposed of with the following directions. The petitioner shall file fresh application enclosing all the copies of certificates, which are being relied upon by him, before the respondent within a period of one month from today and the respondent is directed to take into consideration of the certificates and after verifying the same, pass appropriate orders in this regard within a period of one month thereafter...” 7. In the light of the Circular and also in the light of the decisions referred to supra, the action of the respondent cannot be said to be justified. In view of the same, the Writ Petition is disposed of directing the respondent to receive the application of the petitioner along with necessary documents if any enclosed and dispose of the same in accordance with Law in the light of the Circular and the decisions specified supra, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. _________________ Justice P.S.Narayana Date : 13-9-2007 AM [1] 2004(6) ALD 360 [2] 2005(1) ALT 95 [3] 2005(1) ALT 751