IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.16125 of 2008 Between: Syed Irfan S/o.Syed Taher, No.36, Block No.7 Yousfguda, Hyderabad. ...PETITIONER AND The Pass Port Officer, The Regional Office, Clock Tower, 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 an order or direction more particularly writ in the nature of writ of Mandamus declaring the action of the respondent oﬃcials in refusing and not receiving the application of the petitioner dt.21-07-2008 for correction of dt.of birth as15-04-1976 with that of existing wrong mentioned dt birth dt.12-10-1971 in existing passport bearing No P623688 dt.05-06-1996 and in the renewed passport No.E 5419231 dt.25-08-2003 Valid up to 24-08-2013 and to correct his name from Syed Irfan Ali to Syed Irfan as in SSC marks memo and for issuance of fresh passport by asking the petitioner to bring Decree from competent law circular. Counsel for the Petitioner: MR.BAJRANG SINGH THAKUR Counsel for the Respondent: None appeared The Court made the following: THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.16125 of 2008 ORDER: This Writ Petition has been ﬁled by Syed Irfan assailing the inaction of the respondent in not entertaining his application for correction of date of birth in his Passport No.P 623688 dated 05.06.2996 and renewed Passport No.E 5419231 dated 25.08.2003. The petitioner holds a Passport issued by the respondent. The renewed Passport bearing No.E 5419231 dated 25.08.2003 is valid up to 24.08.2013. On realizing the mistake in the date of birth as entered in the Passport, he approached the respondent with an application for correction of date of birth in the Passport. The respondent did not entertain his application. Hence, the Writ Petition. Notice before admission has been issued on 25.07.2008. Despite service of notice to the respondent, the respondent did not choose to enter appearance, either in person or through counsel. Heard the learned counsel for the petitioner and perused the material placed on record. It is the case of the petitioner that his date of birth has been wrongly entered as 12.10.1971. According to him, his correct date of birth is 15.04.1976 and he enclosed his SSC Marks memo issued by the Board of Secondary Education. I n Ali Imran v. Regional Passport Oﬃcer, Secunderabad[1], this Court considered the Circular dated 18.04.2001 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. Be it noted that under the provisions of the Passports Act, 1967, it is not permissible to correct the entries. However, pursuant to the judgment of the Bombay High Court in Civil Writ Petition No.1072 of 2000, it is now permissible for the Regional Passport Oﬃcer to correct or rectify the entries. In that view of the matter, the Writ Petition is disposed of directing the respondent to entertain the application of the petitioner for correction of date of birth, if his application falls within the purview of the Circular dated 18.04.2001 issued by the Government of India in the Ministry of External Affairs. _______________________ (B.SESHASAYANA REDDY, J) 23rd October 2008 RRB [1] 2003 (3) ALD 625