THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 28457 OF 2010 Dated: 15.06.2011 Between: Shareqh Aziz ..... PETITIONER AND The Regional Passport Officer. .....RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 28457 OF 2010 ORDER : The petitioner was issued passport bearing No.B5512518 on 14.05.2008 valid up to 13.05.2018. The petitioner states that his correct date of birth is 16.12.1992, however, it was wrongly entered in the passport as 16.02.1992. Having noticed the same, the petitioner submitted an application to the respondent requesting to correct his date of birth as 16.12.1992 instead of 16.02.1992. Alleging that the respondent failed to accept the application, the present writ petition is filed seeking a declaration that the action of the respondent in not issuing a fresh passport with correct date of birth, is arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General of India appearing for the respondent. As could be seen, the specific case of the petitioner is that his date of birth has been recorded in all his educational certificates as 16.12.1992, however the same was wrongly entered in the passport as 16.02.1992. The Government of India, Ministry of External Affairs issued a Circular dated 29.10.2007 prescribing the procedure to be followed by the passport issuing authority in the cases relating to change of date of birth/place of birth in the passports. As per the said circular, a declaratory order from the competent civil Court cannot be insisted as a matter of course in all cases. Therefore, the respondent is bound to receive the application of the petitioner and consider the same in accordance with the Circular dated 29.10.2007. After such consideration if the Passport Issuing Authority is satisfied that the material produced is sufficient to rectify/correct the date of birth in terms of Circular dated 29.10.2007, he may rectify/correct the date of birth in the passport or if the petitioner’s claim is not accepted, the reasons should be communicated to the petitioner. Accordingly, the Writ Petition is disposed of with a direction to the respondent to receive the application of the writ petitioner and consider the same in terms of the Government of India’s Circular dated 29.10.2007 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of this order. No costs. _____________ G. ROHINI, J JUNE 15, 2011 YVL