HONOURABLE SRI JUSTICE SANJAY KUMAR W.P.No.20099 of 2010 30-08-2010 Between: Mohammed Ahasan Khan ………Petitioner And The Regional Passport Officer, Secunderabad ………Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.20099 of 2010 ORDER : The petitioner seeks issuance of a new passport incorporating his correct date of birth. It is his case that he was born on 12-08-1978, but the same is erroneously shown as 10-02-1972 in his existing passport. He therefore seeks a direction to the Regional Passport Officer, Secunderabad, to take necessary action in this regard. 2. Learned Central Government Standing Counsel representing the Regional Passport Officer, Secunderabad, relied on Circular Instructions dated 29-10-2007 issued by the Ministry of External Affairs, Government of India and stated that the petitioner would have to produce a declaratory order from a competent Court to seek modification of his date of birth. 3. Earlier this Court, relying upon the Circular Instructions dated 18-04-2001 issued by the Ministry of External Affairs, Government of India, was disposing of writ petitions seeking change of date of birth in the passport in accordance with the guidelines contained therein. Reference may be made to clause (a) of the Circular dated 18-04-2001; (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.” 4. However, the instructions issued by the Ministry of External Affairs, Government of India, in its Circular No.VI/401/2/5/2001 dated 29-10-2007, brought about a change in the scenario obtaining under clause (a) of the earlier circular instructions dated 18-04-2001. Clauses (a) to (e) of Circular dated 29-10-2007 are extracted: (a) Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction: In all such cases the documents produced earlier as proof of date of birth/place of birth at the time of issue of passport may be perused (if not already destroyed) by PIA. In case, it is a clerical mistake either by the applicant or the PIA, date/place of birth correction may be allowed by issue of fresh passport booklet; in the former case, by charging fee for fresh passport and in the latter, ‘gratis’. There is no need for declaratory court order in such cases. (b) Where a competent authority which issued a birth certificate or an educational certificate, issues any correction or amendment in date/place of birth, PIA may effect the necessary amendment in the passport without insisting on a Court Order provided the same document was produced earlier with the passport application. Fresh fees will be charged. (c) Where files have already been destroyed, PIAs could use their discretion in correction of date of birth without a Court Order, where such correction is only in months (not more than two years) and applicants provide satisfactory explanation that the same document (s) was provided at the time of initial passport application. Fresh fees will be charged. (d) 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 etc. resulting in conflicting documents for valid proof, the PIA should direct the applicant to procure an order from a First Class Judicial Magistrate, to effect the change as per Passport Manual 2001 (In some States, this function is discharged by Civil Magistrates). In the light of clause (c) aforestated, if the applicant seeks correction of the date of birth in excess of two years from the existing entry, the passport issuing authority is entitled to insist upon a Court order. 5. It would therefore be necessary for the petitioner who is seeking a change in his date of birth by six years to produce a declaratory order from a competent Court certifying his date of birth. The petitioner is at liberty to approach the competent Civil Court in this regard, obtain a declaratory order as to his correct date of birth and thereafter approach the passport issuing authority in accordance with the extant guidelines. 6. The writ petition is disposed of with the aforestated direction at the stage of admission. There shall be no order as to costs. ________________ 30th August 2010 Note:- Issue C.C. in two days. B/o. KVR