THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15113 OF 2010 Dated: 30.06.2010 Between : Mohammed Imitiaz Ahmed … Petitioner And The Regional Passport Officer, Ministry of External Affairs, Regional Passport office, Secunderabad. … Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15113 OF 2010 ORDER : This writ petition is filed seeking a declaration that the action of the respondent in not altering / correcting date of birth of the petitioner in the passport as arbitrary and illegal. It is pleaded by the petitioner that in his Secondary School Certificate as well as Driving License, his date of birth was mentioned as 6.11.1969. However in the passport issued to him the date of birth was wrongly entered as 6.11.1964. While relying upon the instructions issued by Government of India vide No.VI/401/2/5/2001, dated 18.04.2001, it is contended by the petitioner that the mistake being a technical error, the respondent is bound to make the correction in his passport. 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. It is also relevant to note that 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. Hence the respondent is bound to consider the request for alteration of entries in the passport in accordance with the above Circular. However, nothing could be placed before this Court to show that the petitioner has made any application before the respondent requesting to alter the date of birth entered in his passport. In the circumstances, the Writ Petition is disposed of granting liberty to the petitioner to submit his application along with all the relevant supporting material to establish his correct date of birth. If any such application is made, 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 application. No costs. ______________ G. ROHINI, J. Dt. 30.06.2010 gbs THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15113 OF 2010 Dated: 30.06.2010 Between : Mohammed Imitiaz Ahmed … Petitioner And The Regional Passport Officer, Ministry of External Affairs, Regional Passport Office, Secunderabad. … Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15113 OF 2010 ORDER : This writ petition is filed seeking a declaration that the action of the respondent in not altering / correcting date of birth of the petitioner in the passport as arbitrary and illegal. It is stated by the petitioner that in his Secondary School Certificate as well as Driving License, his date of birth was mentioned as 6.11.1969 and the same ought to have been entered in the passport. While relying upon the instructions issued by Government of India vide No.VI/401/2/5/2001, dated 18.04.2001, it is contended by the petitioner that the mistake being a technical error the respondent ought to have corrected the date of birth. However, nothing could be placed before this Court to show that the petitioner has made any application before the respondent with a request to alter the date of birth entered in his passport. 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 Writ Petition is disposed of granting liberty to the petitioner to submit his application along with all the relevant supporting material to establish his correct date of birth, in which event the respondent shall 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 application. No costs. ______________ G. ROHINI, J. Dt. 30.06.2010 gbs