IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.11001 of 2004 Between: Giridhar Myaka (Giridher Myaka), S/o. Gangadhar, Age 25 years, Mupkal Village, H.No. 3-15/2, Balkonda Mandal, Nizamabad District. ..... PETITIONER AND Union of India, rep by Regional Passport Officer, Hyderabad. A.P. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate WRIT, ORDER or DIRECTION, Preferably one in the nature of WRIT OF MANDAMUS directing the respondent for correction of date of birth entered in the petitioner's PASSPORT bearing No. A O 354664 as per petitioner's S.S.C. Certificate No. K 139146-PC/29 0170529/1, date of Birth 15-4-1979 instead of 25-10-1972. Counsel for the Petitioner: MR.Y.S.YELLA NAND GUPTA Counsel for the Respondent: MR.ARAJASHEKAR REDDY (SC FOR CG) The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.11001 OF 2004 ORDER: This writ petition is filed seeking a direction to respondent to correct of date of birth entered in the petitioner’s passport bearing No.AO 354664, as per his S.S.C.Certificate No.K 139146 PC/29/0170529/1, as 15.4.1979 instead of 25.10.1972. It is the case of the petitioner that he was born on 15.4.1979. In 1995, he applied for passport. Passport bearing No.AO 354664 was issued on 14.2.1996 showing his date of birth as 25.10.1972. He approached the respondent on 8.4.2004 with a request to change the date of birth in the passport. The respondent refused to correct the date of birth of petitioner. Hence, the present Writ Petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Central Government. In Ali Imran v. Regional Passport Officer, Secunderabad, 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 (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 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 15.4.1979. Therefore, the claim of the petitioner is well supported and squarely falls in Clause (a) of the Circular dated 18-4-2001. Following the judgment of this Court in Ali Imran (supra), this writ petition is also disposed of directing the respondent to consider the application of the petitioner along with the Secondary School Certificate No.K 139145 PC/29/0170529/1, dt.31.5.1994 issued by the Secretary, Board of Secondary Education, Andhra Pradesh, and to pass appropriate orders in the light of the observations made in the above judgment. There shall be no order as to costs. ________________ (V.V.S.RAO, J.) 13.10.2004 bnr To 1. The Regional Passport Officer, Union of India, Hyderabad, A.P. 2. Two C.D. Copies.