HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 19110 OF 2010 Friday, the Sixth day of August, Two Thousand and Ten Between Syed Masiullah Hussaini Petitioner AND The Regional Passport Officer, Having office at Clock Towers, Near Prashant Talkies, Secunderabad. Respondent ORAL ORDER: The petitioner seeks issuance of a new passport incorporating his correct date of birth and is aggrieved by the inaction of the Regional Passport Officer, Secunderabad, in this regard. According to the petitioner, his date of birth is 04.05.1980, which is wrongly entered as 13.01.1974 in his old passport. The matter is squarely covered by the judgments of this court in Mohd. Nasrullah Khan Vs. Regional Passport Officer, Hyderabad ([1]) and Durgempudi Venkata Raghava Vs. Passport Officer, Hyderabad([2]). In terms of the aforestated orders and for reasons alike, there shall be a direction to the Regional Passport Officer, Secunderabad to consider the case of the petitioner under clause (a) of the Circular dated 18.4.2001 issued by the Ministry of External Affairs, Government of India. As per clause (a), the petitioner would not be required to produce a declaratory order and it would be sufficient for him to produce his school record in proof of his correct date of birth. It is only in cases falling within clause (c) of the said Circular, wherein there are two contradictory entries in the records issued by two competent authorities, that the Passport Authority would be entitled to insist upon a declaratory order. The Regional Passport Officer, Secunderabad, shall take necessary action in the matter in the light of the Circular Instructions aforestated expeditiously. The writ petition is disposed of with the above direction. No costs. __________________ Justice Sanjay Kumar August 6, 2010 MAS [1] 2005(1) ALD 419 [2] 2005(1) ALD 710