IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.4081 of 2006 Between: Md. Abdul Majeeb ... PETITIONER a n d Regional Passport Authority, Passport Office, Secunderabad … RESPONDENT ORDER: This writ petition has been filed by Md. Abdul Majeed seeking Mandamus declaring the action of the Regional Passport Authority, Passport Office, Secunderabad - respondent in refusing his application for amending the date of birth in passport bearing No.B-1761552 as illegal and arbitrary. 2. The petitioner obtained passport bearing No.B-1761552 from the respondent and in the passport his date of birth has been recorded as 04-06-1963. The petitioner came to know that the date of birth recorded in the passport is not correct. According to him, he submitted Transfer Certificate along with the passport application, wherein his date of birth has been stated as 04-06- 1953. The petitioner approached the respondent to correct the date of birth as per the Transfer Certificate issued by the school authorities but the respondent has not received the application. Hence, the writ petition with a prayer stated supra. 3. Rule nisi came to be issued on 03-03-2006. Despite receipt of notice the respondent did not choose to enter appearance either in person or through counsel. 4. Heard the learned counsel for the petitioner and perused the material brought on record. 5. Learned counsel for the petitioner submits that the petitioner furnished date of birth in his passport application as 04- 06-1953 to the respondent authorities. The respondent authorities incorrectly mentioned the date of birth as 04-06-1963 and therefore, the petitioner made an application for correction of his date of birth. But the respondent authorities refused to receive the same. 6. The petitioner stated in paragraph No.5 of the affidavit that the Union of India, Ministry of External Affairs in Circular No.VI 401/2/5/2001 dated 13-04-2001 issued certain instructions with regard to the correction of date of birth and his case falls within the said guidelines. 7. Pursuant to the judgment of Bombay High Court, in W.P.No.1072 of 2000 the Government of India issued instructions/clarifications in Circular dated 18-04-2001, which reads 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 offer verifying/satisfying himself/effect 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. 8. It is the assertion of the petitioner that his case comes within the purview of Clause (a) of Circular dated 18-04-2001. Such is the situation, the writ petition is disposed of directing the respondents to entertain the application filed by the petitioner seeking correction of date of birth in passport bearing No.B-1761552 and dispose of the same in accordance with the guidelines issued in Circular dated 18-04-2001 given by the Ministry of External Affairs, Government of India. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J July 13, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.4081 of 2006 July 13, 2010