IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11283 of 2009 Between: Chirala Venkata Sai Raghavendra Koushik S/o.Chirala Venkata Subba Rao R/o.Flat No.101, Santhoshi Apartments,Block-B, 108,Bazar Road,Jyothi colony,Near AOC Gate Secunderabad ..... PETITIONER AND The Regional Passport Office, rep.by the Regional Pass port officer,O/o.Adjacent Prashant Theatre near Clock Tower,Secunderabad-03 .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondent herein in passing the orders dated 23.4.2009 rejecting the Application of the petitioner for correction of place of Birth as well as the name of the Father of the petitioner in the Passport No.H2248977 as illegal, arbitrary, and opposed to the Circular No.401/2/5/2001 dated 18.4.2001 issued by the Government of India as well as the various decisions rendered by this Hon`ble court and consequently direct the respondent to carry out the mistakes committed in respect of place of Birth as well as the name of the Father of the petitioner. Counsel for the Petitioner : MR. SRINIVAS POLAVARAPU Counsel for the Respondent : MR. PENJURIVENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11283 OF 2009 ORDER : This writ petition is filed seeking a declaration that the proceedings of the respondent dated 23.04.2009 whereunder the petitioner was called upon to furnish an order from the Civil Court for considering his request for correction of place of birth as well as the name of his father in his Passport as arbitrary, illegal and opposed to the Circular dated 18.04.2001 issued by the Government of India. The petitioner was issued Passport No.H2248977 on 23.12.2008. However, it was found that the petitioner father’s name was wrongly mentioned in the passport. Similarly the place of birth was wrongly mentioned as Hyderabad. In the circumstances, the petitioner made an application on 12.01.2009 requesting the respondent to make corrections in the passport with regard to his father’s name as well as place of birth. The petitioner was informed by the 1st respondent by order dated 23.04.2009 that the petitioner has to obtain the orders from the Civil Court for consideration of his request for correction of entries in the Passport. Challenging the said action, this writ petition is filed. 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 impugned order is set aside and the Writ Petition is disposed of granting liberty to the petitioner to resubmit the application along with all the relevant supporting material 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. 10–06-2009 Note:- CC in 4 days. (B/O) gbs