IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No :14514 of 2010 Between: Mohmmed Abdul Raheem, Hyderbad. ..... PETITIONER AND The Regional Passport Officer, Having office at Clock Towers, Near Prashant Talkies, Secunderabad. .....RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No :14514 of 2010 ORDER: This writ petition is filed by the petitioner seeking a declaration that the action of the respondent-Regional Passport Officer, Secunderabad in not entertaining the petitioner’s application for correction of date of birth in his passport bearing No.B 1878007, as illegal and arbitrary. The petitioner states that though his correct date of birth is 07.8.1984 as recorded in the S.S.C certificate, it was wrongly entered in the passport as 6.3.1978. In the circumstances, he made an application requesting the respondent to make the necessary correction. As the respondent refused to entertain his application, the present writ petition has been filed. I have heard the learned counsel for both the parties. The Union of India issued instructions on 18.4.2001 with regard to the correction of entries in the passport. The said instructions are 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 according to which 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 the application for correction of entries in his passport along with all the relevant supporting material 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 application. No costs. _______________ Justice G.Rohini Date:02.7.2010 mrb