IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14106 of 2009 Between: Vishnu Priya Govardhanam D/o. Shesha Charya Govardhanam Door No. 16-1-24/301/1, Saidabad, Hyderabad. .... PETITIONER AND The Regional Passport Officer Pasport Office, Kummarguda, Adjacent to Prasanth Theater, 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 an appropriate writ Order or direction more particularly one in the nature of writ of Mandamus directing the respondent to carryout correction/alteration of the petitioners date of birth as 6-7-1987 instead of 6-7-1988 in the petitioners passport and issue corrected fresh/ renewal passport to the petitioner and consequently declre the action of the respondent in not making such corrections is illegal, arbitrary and violative of Article 14of Constitution of India and against the provisions of Passport Act, and to pass any such other order or orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner : SMT.MARREDDY BHAGYAMMA Counsel for the Respondent: MR.PENJURIVENUGOPAL The Court made the following: THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14106 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondent in not considering the request of the petitioner to correct the date of birth in her passport as per the Secondary School Certificate, as arbitrary and illegal. The petitioner herein was issued Passport bearing No. A 5889149. However, it was found that the petitioner’s date of birth was wrongly mentioned in the passport as 06.07.1988 instead of 06.07.1987. It is stated that the said passport expired on 12.7.2008. In the circumstances, the petitioner made an application for issuance of a fresh passport rectifying the mistake with regard to her date of birth. However, the respondent did not entertain her request for correction of the entries in the passport insisting upon a declaratory order from a competent civil Court. Aggrieved by the same, the present 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. In the circumstances, a declaration from a competent Court of jurisdiction cannot be insisted for considering each and every request of correction of entries in the passport. Such 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 the Writ Petition is disposed of granting liberty to the petitioner to resubmit her application along with all the relevant documentary evidence to substantiate her correct date of birth in which event the respondent shall receive and consider the same in terms of the Circular dated 18-04-2001 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of such an application. The writ petition is accordinlgy disposed of. No costs. _____________ G.ROHINI, J Dt.15th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14106 of 2009 DATED : 15-07-2009