IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12679 of 2009 Between: Veeramachaneni Kartik Ram S/o. V.Nagendra Prasad R/o.102, Sreeprakasa Towers, near Salaja Hospital Mogalrajpuram, Vijayawada-520010 .... PETITIONER AND The Regional Passport officer, Regional Passport office Adjacent to Prashant Theatre, Secunderabad ...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 or order or direction more particularly one in the nature of writ of mandamus directing the respondent to enter the correct date of birth i.e.10.9.1988 as per the Board of the Secondary School Certificate of the petitioner along with correct name and to issue the passport with correct name as KARTIK RAM VEERAMACHANENI and correct date of birth as 10.9.1988 as mentioned in Certificate issued by Board of Secondary School, AP and pass such other order or further orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.T.S.VENKATARAMANA Counsel for the Respondent : MR.PENJURI VENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.12679 of 2009 ORDER: This writ petition is filed seeking a declaration that the inaction of the respondent in receiving the application of the petitioner for issuance of fresh passport with correct name and date of birth of the petitioner, as arbitrary and illegal. The petitioner herein was issued Passport bearing No. B1879873 on 25.04.2000, which was valid till 09.09.2002. Subsequently, on 09.08.2005, the passport was renewed for a period of ten years, i.e., up to 08.08.2015. However, it was found that the petitioner’s date of birth was wrongly mentioned in the passport as 10- 9-1987 instead of 10-9-1988. That apart, certain spelling mistakes were also crept in the name of the petitioner. In the circumstances, the petitioner approached the respondent for rectification of the entries in the date of birth. The petitioner has also produced his Secondary School Certificate issued by the Board of Secondary Education to substantiate his correct date of birth. However, the respondent refused to receive the petitioner’s application for correction of the entries in the passport informing orally that a decree from competent civil Court is required for correction of any entries in the passport. Aggrieved by the same, the present writ petition is filed. I have heard the learned Counsel for the petitioner and Mr.Penjuri Venugopal, learned Standing Counsel appearing on behalf of the respondent. 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 the Writ Petition is disposed of granting liberty to the petitioner to resubmit the application along with all the relevant documentary evidence to substantiate his correct date of birth and other corrections required to be made in the passport 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.29-06-2009 Note:- Issue C.C in 3 days (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12679 of 2009 DATED : 29-06-2009