WP/25225/2006 of Navved Ahmed Khan, Vs The Regional Passport Officer, on 27 December 2006

O R D E R:

Heard the learned counsel for the petitioner and perused thematerial on record.

Despite service of notice, none appeared for the respondentand no counter affidavit is filed.

The petitioner herein was issued a Passport bearing No. F 1881871 on 22-12-2004. It is subsequently found by thepetitioner that his date of birth was wrongly mentioned as 13-05-1987 instead of 16-05-1987. In the circumstances, the petitionerapproached the respondent to correct the mistake crept in thepassport. However, the same was not considered. Hence, this writpetition.

It is to be noted that the Government of India, Ministry ofExternal Affairs, issued circular dated 18.04.2001, which reads asunder:

(a) Where an applicant is seeking rectification/Correction of amistake in the entry of date of birth/place of birth in the passport,PIA (Passport Issuing Authority) may after verifying/satisfyinghimself, after the correction treating the same as a technicalcorrection. There is no need for a declaratory order in suchcases.

(b) Where a competent authority issuing a birth certificate or aneducational board registering a date of birth along with place ofbirth as valid were to issue any correction or amendment, PIAmay effect the necessary amendment in the passport withoutinsisting on a Court Order. As per the provisions of Section 21 ofthe General clauses Act, 1997, a competent authority issuing acertificate could also make necessary amendments to the same.(c)Where the initial entry has been made on the basis of asupportive document issued by one competent authority and theapplicant subsequently requests for a change on the basis of acertificate issued by another competent authority i.e., municipalauthorities resulting in conflicting sources of valid proof, the PIAshould direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date ofbirth/place of birth.”

Having considered the above circular, this Court in Ali Imran v.

Regional Passport Officer, Secunderabad [[1]]held that as per thecircular dated 18.04.2001, it is permissible to accept the applicationsfor rectification/correction of the entries in the passport.

The learned counsel for the petitioner submits that thecorrection of date of birth of the petitioner in the passport was only atechnical correction, and therefore, it falls under clause (a) of thecircular. In support of his submission the learned counsel relied uponthe decision in Asra Begum v. Regional Passport Officer,Secunderabad[[2]].

Having regard to the facts and circumstances of the case andfollowing the decision of this Court in Ali Imran’s case (1 supra), thewrit petition is disposed of granting liberty to the petitioner to make afresh application with relevant material to substantiate his plea, withina period of two weeks from the date of receipt of a copy of this order,and if any such application is made, the respondents are directed toreceive and consider the same in accordance with the circular dated18.04.2001 and pass appropriate orders in accordance with law andcommunicate the same to the petitioner within a period of four weeksthereafter.

The writ petition is accordingly, disposed of. No costs.

Dated: 27-12-2006KLP

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G. ROHINI, J

[1]2003(3) ALD 625;2003(3) ALD 625;

[2]2004(6) ALD 360.2004(6) ALD 360.