Telangana High Court
WP/22131/2006 of Mohammed Khaleeluddin Vs The Regional Passport Officer, on 27 December 2006
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No.22131 of 2006 Dated: December 27, 2006 Between: Mohammed Khaleeluddin, S/o. Mohammed Dabeeruddin, Aged 27 years, R/o. H.No. 5-2-234, Hazari Street, Jagtial, Karimnagar District. …
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
HON’BLE Ms. JUSTICE G. ROHINI
Writ Petition No.22131 of 2006
Dated: December 27, 2006
Between:
Mohammed Khaleeluddin, S/o. Mohammed Dabeeruddin,Aged 27 years, R/o. H.No. 5-2-234, Hazari Street,Jagtial, Karimnagar District.
… Petitioner
And
The Regional Passport Officer, Government ofIndia, Office at Secunderabad.
… Respondent
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Order:
Heard the learned counsel for the petitioner.
Despite notice, none appeared for the respondent and nocounter affidavit is filed.
The petitioner was issued a passport bearing No.A-4577634dated 24-12-1997. It is stated that in the said passport, his name waswrongly shown as ‘Khaliloddin’ and his date of birth was wronglymentioned as 10-10-1975 instead of 05-04-1979. In thecircumstances, the petitioner made an application dated 17-09-2006
requesting the respondent to correct the wrong entries in the passport. However, the respondent refused to entertain the application of thepetitioner. Hence this writ petition.
It is to be noted that the Government of India, Ministry of External Affairs, issued circular dated 18.04.2001, which reads as under:
(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.mistake 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.educational 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 acompetent Court of jurisdiction, certifying the valid date ofbirth/place of birth.”supportive 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 acompetent 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 name and date of birth of the petitioner in the passportwas only a technical correction, and therefore, it falls under clause (a)of the circular. In support of his submission the learned counsel reliedupon the decision in Asra Begum v. Regional Passport Officer,Secunderabad[[2]].
Having regard to the facts and circumstances of the case and following 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 respondent is 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.
__________________
JUSTICE G. ROHINI.
December 27, 2006MRR
[1]2003(3) ALD 625[2]2004(6) ALD 360.