WP/25236/2004 of Guniganti Shilpa, Vs Regional Pass Port Officer, on 31 December 2004

ORDER:

The present writ petition is filed, seeking a direction to the respondent to considerthe application of the petitioner for correction of her date of birth and to issue a freshpassport with correct date of birth as 8-7-1981. It is stated that the petitioner has submitted an application on 16-8-2004for correction of her date of birth in the passport and that she also paid an amount ofRs.2500/- for issuance of passport with correct date of birth. The grievance of thepetitioner is that though a period of four months was lapsed, the respondent authorityhas not taken any action to correct the date of birth and on her persuasions, she wasadvised to obtain an order of the Court. Hence, the present writ petition.

Heard learned counsel for petitioner and learned Standing Counsel for CentralGovernment. Both counsel agreed for disposal of the writ petition at the admissionstage.

It is required to notice that there is no provision under the Passports Act,1967, which empowers the Regional Passport Officer to correct entries in thePassport. However, pursuant to the judgment of the High Court of Judicature atBombay, in W.P.

No. 1072 of 2000, the Government of India issued instructions/clarifications inCircular dated 18-4-2001, which are to the following effect:

a. Where an applicant is seeking rectification/correction of a mistake in the entry on date ofbirth/place of birth in the passport, PIA (Passport Issuing Authority) may afterverifying/satisfying himself, effect the correction treating the same as a technicalbirth/place of birth in the passport, PIA (Passport Issuing Authority) may afterverifying/satisfying himself, effect 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 adate of birth along with place of birth as valid were to issue any correction oramendment, PIA may effect the necessary amendment in the passport withoutinsisting on a Court Order. As per the provisions of Section 21 of the General ClausesAct, 1997, a competent authority issuing a certificate could also make necessaryamendments to the same.date of birth along with place of birth as valid were to issue any correction oramendment, PIA may effect the necessary amendment in the passport withoutinsisting on a Court Order. As per the provisions of Section 21 of the General ClausesAct, 1997, a competent authority issuing a certificate could also make necessaryamendments to the same.

c. Where the initial entry has been made on the basis of a supportive document issued by onecompetent authority i.e., school/educational authority and the applicant subsequentlyrequests for a change on the basis of a certificate issued by another competentauthority i.e., municipal authorities resulting in conflicting sources of valid proof, thePIA should direct the applicant to obtain a civil order from a competent court ofjurisdiction, certifying the valid date of birth/place of birth.competent authority i.e., school/educational authority and the applicant subsequentlyrequests for a change on the basis of a certificate issued by another competentauthority i.e., municipal authorities resulting in conflicting sources of valid proof, thePIA should direct the applicant to obtain a civil order from a competent court ofjurisdiction, certifying the valid date of birth/place of birth.

Since, the petitioner stated to have made an application for correction of herdate of birth on 16-8-2004 and paid the required fee of Rs.2500/-, I deem itappropriate to dispose of the writ petition with the following directions:

The respondent is directed to consider the application of the petitioner dated 16-8-2004 for correction of date of birth and issuance of fresh Passport, and process thesame after verifying the genuineness or otherwise thereof basing on the documentsfiled by the petitioner in support of her case and pass appropriate orders for changeof date of birth, in the light of the aforementioned guidelines.

With the above directions, the writ petition is disposed of. No costs.

SD/- C.V.RAMAKRISHNA

ASSISTANT REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1. Regional Pass Port Officer, Hyderabad

2. Two CD Copies.

3. One CC to Mr. P. Prabhakar Reddy, Advocate. (OPUC)

4. One CC to Smt. H. Seetha Devi, Advocate. (OPUC)

P.M.

Dated: 31-12-2004

ORDER

WP.NO. 25236 OF 2004

Writ Petition is disposed ofNo costs.