THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.1451 of 2008 Dated : 14-02-2008 Between: Kum.Sarabu Kokila Priyanka D/o Sarabu Rajendra and another ....Petitioners And The Regional Passport Officer, Passport Office, Secunderabad. ...Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.1451 of 2008 ORDER: 1. This Court ordered Notice before admission on 31-1-2008. 2. The Writ Petition is filed for a mandamus declaring the action of the respondent in not taking steps to correct the dates of birth of the petitioners in the passports bearing Nos.B1995652 and B 1996531, in spite of repeated representations, as illegal, arbitrary and contrary to the Circular issued by the Government of India dated 18-4-2001 and consequently to direct the respondent to correct the date of birth of the 1st petitioner as 13-6-1990 and the date of birth of the 2nd petitioner as 13-7-1995 and to pass such other suitable orders. 3. The father and natural guardian of the petitioners has sworn to the affidavit. It is stated that the petitioners are his daughters and the first petitioner by name Kum.Sarabu Kokila Priyanka was born on 13- 6-1990 and the second petitioner by name Kum.Sarabu Sai Kinnera was born on 13-7-1995 and they have been studying at Nellore staying with their maternal grand mother. It is stated that in the year 2000, the petitioners’ grandmother has made an application to the respondent for issuance of passport in favour of the petitioners and accordingly, the respondent had issued passports bearing Nos.B1995652 and B1995631 on 26-4-2000 in the names of first and second petitioners respectively. It is stated that while making an application for issuance of passports, the grandmother of the petitioners had mistakenly shown the dates of birth of the first and second petitioners as 21-12-1990 and 11-10-1994 instead of their actual dates of birth 13-6-1990 and 13-7-1995 respectively and the name of the 2nd petitioner was wrongly shown as Sarabu Kinnera instead of her actual name `Sarabu Sai Kinnera’ and that those mistakes have been reflected in the passports issued by the respondent. 4. It is also stated that subsequently after coming to know about the mistakes that had crept in the passports in respect of the petitioners’ dates of birth, the deponent had approached the respondent by producing the date of birth certificates issued by the Registrar of Births and Deaths, Secondary School Certificates and other relevant certificates in respect of both the petitioners and requested the respondent to correct the dates of birth. However, it is stated that the respondent refused to correct the dates of birth of the petitioners directing the petitioners to approach a civil Court by filing necessary suits for declaration. It is stated that thereafter, the petitioners made a written representation dated 10-12-2007 stating that the Government of India had issued a circular dated 18.4.2001, whereunder, it is stated that when the applicant is seeking correction of mistake in the entry on date of birth in the passport, the passport authority may after verifying all the relevant documents furnished by the applicant correct the same treating it as technical correction. 5. Further, it is stated that though the deponent had made an application on 10-12-2007, the respondent has not taken any steps so far to correct the dates of birth of the petitioners. Further, it is stated, when the deponent approached the respondent for renewal of the passports, the respondent has refused for the same stating that the dates of birth of the petitioners are not corrected, and as such, the deponent had made an application on behalf of the petitioners for correction of their dates of birth as 13-6-1990 and 13-7-1995 respectively. 6. It is relevant to state that though the educational certificates, date of birth certificates and residence certificates issued by the competent authority in respect of the petitioners clearly show the dates of birth of the petitioners as 13-6-1990 and 13-7-1995 respectively, the respondent is not taking any steps for correction of their dates of birth in the passports bearing Nos.B1995652 and B1995631, which is illegal, arbitrary and contrary to the circular issued by the Government of India. Further, as per the decision of this Court in Asra Begum Vs. Regional Passport Officer, Secunderabad[1] for a correction in the entry with regard to the date of birth, there is no need for a declaratory order. If directions are not issued to the respondent to correct the dates of birth of the petitioners in the Passports, the petitioners will be put to irreparable loss and injury. In such circumstances, the petitioners approached this Court praying for the relief specified supra. 7. The Circular dt.18-4-2001 reads as hereunder:- Ministry of External Affairs (PV-I Section) Circular ___/401/2/5/2001 18th April, 2001 As per the current practice, in case of change of date of birth/place of birth, the applicant is required to produce the original declaratory order from a First Class Judicial Magistrate. However in view of the recent Judgment given by the High Court of Judicature at Mumbai in CWP No.1072 of 2000 filed by Shri Jigar Harish Shah, the following clarifications are issued: (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 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 affect 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. Sd// (Manju) Under Secretary (PV-I) All Passport Issuing Authorities Copy for information to L&T Division, MEA 8. I n Mohd.Narsullah Khan v. Regional Passport Officer, Hyderabad [2] it was held: “ I n Ali Imran v. Regional Passport Officer, Secunderabad (2003 (4) ALT 474 = 2003 (3) ALD 625, 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 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 affect 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. Following the Judgment of this Court in Ali Imran (referred above) this Writ Petition is also disposed of directing the respondent to consider the application of the petitioner along with the Secondary School Certificate No.PC/01/0190544/2 PRIVATE, issued by the Secretary, Board of Secondary Education, Andhra Pradesh, Hyderabad, and to pass appropriate orders in the light of the observations made in the above Judgment. There shall be no order as to costs.” 9. This Court again in Durgempudi Venkata Raghava Vs. Pass Port Officer, Ministry of External Affairs, Passport Office, Hyderabad [3] observed at paras 9 to 14 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 the 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. The petitioner shall file fresh application enclosing all the copies of certificates, which are being relied upon by him, before the respondent within a period of one month from today and the respondent is directed to take into consideration of the certificates and after verifying the same, pass appropriate orders in this regard within a period of one month thereafter...” 10. In the light of the Circular and also in the light of the decisions referred to supra, the action of the respondent in refusing to correct the dates of birth of the petitioners cannot be justified. In view of the same, the Writ Petition is disposed of directing the respondent to receive the application of the petitioners along with necessary documents, if any, enclosed for issuance of passports with correct dates of birth of the petitioners, as specified in the relief prayed for in the writ petition and dispose of the same, in accordance with law, in the light of the Circular and the decisions specified supra, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. __________________ P.S.NARAYANA, J Dated:14-2-2008 RAR THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.1451 of 2008 Dated:14-02-2008 [1] 2004(6) ALD 360 [2] 2005(1) ALT 95 [3] 2005(1) ALT 751