IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND EIGHT P R E S E N T THE HON’BLE SRI JUSTICE P.S. NARAYANA * * * WRIT PETITION No.27226 of 2007 Between: Mohd. Jabar … Petitioner Versus The Joint Secretary (CVP) & The Chief Passport Officer, CVP Division, Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi-110 011 & Anr. … Respondents Counsel for the Petitioner: Sri BAJRANG SINGH THAKUR Counsel for the Respondent: None Appeared O R D E R : This Court ordered notice before admission on 20-12-2007. 2. The writ petition is filed for a writ of mandamus, declaring the action of the second respondent in not receiving the application of the petitioner dated 05-11-2007 for correction of date of birth as 18-10- 1986 with that of wrong mentioned date of birth dated 18-10-1987 in existing passport bearing no. G - 6194833 valid from 23-1-2007 to 22- 11-2017 and refusing to issue fresh passport by renewing and correcting the wrong date of birth by asking the petitioner to bring decree from competent civil court of law as arbitrary, illegal, against the principles of existing law, circulars and to pass such other suitable orders for which the petitioner is legally entitle in the circumstances of the case. 3. It is stated that the petitioner was born on 18-10-1986 and the same is evident in his SSC marks memo issued by the Board of Secondary Education, A.P., after completion of his SSC. 4. It is stated that when the petitioner was minor in the year 1991, his parents were intending to take passport for him so they approached an agent it seems he had taken the passport no.A- 924976 valid from 06-7-1991 to 05-07-2001 with incorrect date of birth showing as if it is 18-10-1987 without any basis. When the petitioner’s passport was renewed in the year 2005 through another Passport No.F-4267610 valid from 16-7-2005 to 17-10-2006 and in Passport No.G-6194833, valid from 23-11-2007 to 22-11-2017 the same mistake in regard to his date of birth occurred and it was also renewed by an agent on his behest. As there was no occasion to verify the wrong date of birth, his attention had not been to that effect. 5. It is stated that as the petitioner wanted to go to abroad, he contacted another agent in the first week of December 2007, who asked him to bring his SSC marks card with earlier existing latest passport. When he verified the date of birth of the petitioner in existing passport with that of his SSC memo, which contains his correct date of birth, he informed the petitioner, as there is difference. Further, he informed unless he get it rectify as in SSC memo from the second respondent, there is no possibility to go abroad. 6. It is further stated that the petitioner got prepared application on 05-12-2007 addressed to the second respondent mentioning about his wrong mention of date of birth by the agent without any proof as 18-10-1987, even though his correct date of birth is 18-10- 1986 as shown in his SSC marks memo, informed as it was not his mistake and there was mistake committed by his agent about mention of his date of birth wrongly in obtaining his old passport bearing no.A- 924976 valid from 06-7-1991 to 05-07-2001 and in renewed passport no.F-4267610 valid from 16-7-2005 to 17-10-2006 and latest renewed passport bearing no.G-6194833, valid from 23-1-2007 to 22- 11-2007 from the second respondent and requested him to issue fresh passport by correcting his date of birth as per his SSC marks memo issued by the Board of Secondary Education. The officials of the second respondent refused to receive his application for correction of date of birth and for issuance of fresh passport by receiving back his latest renewed passport with wrong date of birth, by saying unless the petitioner obtains decree from competent civil court of law they will not receive any application and will not issue fresh passport by correcting his wrong mentioned date of birth as in his existing passport. 7. Further it is stated that even though the second respondent is empowered to change date of birth in regard to the passport holders, who born before 26-1-1989, if a person who holds a passport with incorrect date of birth on his filing application along with the date of birth certificate issued by the Board of Secondary Education or any Certificate issued by the Educational Boards evidencing the date of birth, the second respondent is having powers as shown in “THE PASSPORT INFORMATION BOOKLET” as shown in the Passport Rules, 1980 at column no.4 “Birth Documents” at Para No.2, sub-para (iv) clearly empowers the second respondent for issuance of fresh passport by taking back the existing passport. 8. It is further stated that apart from that in similar circumstances the first respondent submitted a Circular dated 18-4-2001 before the High Court of Judicature of Bombay in Civil Writ Petition No.1072 of 2002, in which there are clear instructions to the second respondent not to insist for any civil court decree for change of date of birth in existing passport and this Court also referred and disposed of number of other cases. Even though the second respondent is having powers to do so in law, he do not want to exercise the same with sole intention to harass the petitioner. 6. This Court in Mohd. Nasrullah Khan V. Regional Passport Officer, Hyderabad[1] it was held thus: “In Ali Imran V. Regional Passport Officer, Secunderabad, 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 (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 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.” 7. I n Durgempudi Venkata Raghava V. Passport Officer, Ministry of External Affairs, Passport Office, Hyderabad[2] it was held 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 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 birth, 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.” 8. In the light of the circular referred to supra and also the decisions specified supra, the action of the respondent is not justified. In view of the same, the writ petition is disposed of at the stage of admission, directing the respondent to entertain the application of the petitioner for correction of correct date of birth as “18-10-1986” with that of wrong mentioned date of birth as ‘18-10-1987’ in existing passport bearing no. G – 6194833 valid from 23-11-2007 to 22-11-2007, in the light of the facts and circumstances stated supra and also pass appropriate orders and in the light of the circulars referred to supra and also the views expressed by this Court in the decisions referred to supra, within two weeks, from the date of receipt of a copy of this order. 9. The writ petition is disposed of at the stage of admission. No costs. JUSTICE P . S . NARAYANA . 18/01/2008 NB: Furnish CC of the order in two days. B/o. IsL [1] 2005(1) ALT 95 [2] 2005 (1) ALT 751