IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4230 of 2009 Between: Vasam Prabhakar S/o. Siddaiah R/o. H.No. 2-9-64, Mukarampura Locality Karimnagar Proper and District. ..... PETITIONER AND Regional Passport Office, Near Clock Tower, Secunderabad Rep. by the PassPort Officer. .....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 one in the nature of writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent authority even after receiving the fresh application of the petitioner for the correction of the date of birth as 1-2-1961 instead of 1-2-1955 in the passport of the petitioner's bearing No. E 935868 as illegal, null and void. Consequently directing the Respondent authority to receive the fresh application of the petitioner as per rules and issue the passport in favour of the petitioner by correcting the petitioner's date of birth as 1-2- 1961 instead of 1-2-1955 in the petitioners pass bearing No. E 935868 and to pass Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: MR.PENJURIVENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.4230 of 2009 ORDER : This writ petition is filed seeking a declaration that the proceedings of the respondent dated 11.04.2008 whereunder the petitioner was called upon to furnish an order from the Civil Court for considering his request for correction of date of birth in his Passport as arbitrary, illegal and opposed to the Circular dated 18.04.2001 issued by the Government of India. The petitioner was issued Passport, however, it was found that the petitioner’s date of birth was wrongly mentioned as 01-02-1955 instead of 01-02-1961. In the circumstances, the petitioner made an application requesting the respondent to make corrections in the passport with regard to his date of birth. The petitioner was informed by the respondent by order dated 11.04.2008 that the petitioner has to obtain the orders from the Civil Court for consideration of his request for correction of entries in the Passport. Challenging the said action, this 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 impugned order is set aside and the Writ Petition is disposed of granting liberty to the petitioner to resubmit the application along with all the relevant supporting material 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. Date: 19–06-2009 KLP