IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 9984 of 2009 Between: Rani Katara D/o Late Mohan Katara R/o. H.No. 12-11-323/3 , Govinda Residency Flat No. 101, Warasiguda, Secunderabad. .... PETITIONER AND The Regional Passport Officer Secunderabad Office, At R.P. Road, 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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in not correcting petitioner date of birth in her passport bearing No. E 7570062 dt 17-2-2004 valid upto 16-2-2014 issued by the respondent as 3-3-1975 instead of 3-3-1971 as per her Secondary School Certificate, issued by the Secretary Board of Secondary Education, Andhra Pradesh, Hyderabad as bad illegal, arbitrary and violation of principles of Natural justice and consequently direct the respondent to rectify petitioner date of birth in her passport bearing No. E 7570062 dt. 17-2-2004 valid upto 16-2-2014 issued by the respondent as 3-3-1975 instead of 3-3-1971 as per her secondary School Certificate, issued by the Secretary Board of Secondary Education, Andhra Pradesh Hyderabad and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.D.ISAAC Counsel for the Respondent: MR.PENJURIVENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9984 of 2009 ORDER: This writ petition is filed seeking a declaration that the inaction on the part of the respondent in not correcting the date of birth of the petitioner in her passport as per her Secondary School Certificate, as arbitrary and illegal. The petitioner herein was issued Passport bearing No. E 7570062 dated 17-02-2004, which was valid till 16.02.2014. However, it was found that the petitioner’s date of birth was wrongly mentioned in the passport as 03-3-1971 instead of 03-3-1975. In the circumstances, the petitioner approached the respondent and made a representation dated 4.3.2009 for correction of the entries relating to the date of birth. The petitioner has also produced her Secondary School Certificate issued by the Board of Secondary Education to substantiate her correct date of birth. However, the respondent refused to receive the petitioner’s application for correction of the entries in the passport insisting upon a declaratory order from a competent civil Court. Aggrieved by the same, the present 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 the Writ Petition is disposed of granting liberty to the petitioner to resubmit the application along with all the relevant documentary evidence to substantiate her correct date of birth in which event the respondent shall receive and 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 an application. The writ petition is accordinlgy disposed of. No costs. _____________ G.ROHINI, J Dt.13th July 2009 RAR THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 9984 of 2009 DATED : 13-07-2009