Telangana High Court
WP/37824/2012 of G.K. Raj Kumar Vs The Regional Passport Officer, on 28 December 2012
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37824 of 2012 Date: 28.12.2012 Between: G.K.Raj Kumar … Petitioner And The Regional Passport Officer, Secunderabad … Respondent Counsel for the petitioner: Sri P.Janardhan Reddy Counsel for the respondent: Sri A.Samir Kumar Reddy,
THE HON'BLE SRI JUSTICE C.V.NAGARJUNAREDDY
WRIT PETITION No.37824 of 2012
Date: 28.12.2012
Between:
G.K.Raj Kumar
… Petitioner
And
The Regional Passport Officer, Secunderabad … Respondent Counsel for the petitioner: Sri P.Janardhan Reddy Counsel for the respondent: Sri A.Samir Kumar Reddy, Additional StandingCounsel forCentral Government The Court made the following :
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ORDER:
The grievance of the petitioner is that the respondent has notbeen receiving his application for issuance of a fresh passport withcorrect date of birth. According to the petitioner, in the passportissued on 27.03.2001, his date of birth was wrongly shown as07.02.1970. When the petitioner allegedly approached therespondent, the latter’s office refused to entertain the application byinsisting that he shall obtain an order from the Court for entertainingsuch application.
Clause (c) of Circular __/401/2/5/2001, dated 18-4-2001,issued by the Ministry of External Affairs, Government of India, interalia provides as under:
“Where the initial entry has been made on thebasis of a supportive document issued by onecompetent authority i.e., School/educational authorityand the applicant subsequently requests for achange on the basis of a certificate issued by anothercompetent authority i . e . , municipal authoritiesresulting in conflicting sources of valid proof, the PIAshould direct the applicant to obtain a civil order froma competent Court of jurisdiction, certifying the validdate of birth/place of birth.”
The respondent is, therefore, directed to receive thepetitioner’s application and consider the same in the light of theabove-mentioned circular. If the respondent is convinced that theentry of the petitioner’s date of birth in the existing passport is notsupported by any certificate issued by the competent authority, heshall consider the certificate of the petitioner issued by the Madhyamik Shiksha Parishad, Uttar Pradesh, Board of High Schooland Intermediate Education, U.P., on which he is placing reliance,and issue a fresh passport with the date mentioned in the saidcertificate as the petitioner’s date of birth. In a converse situation,the respondent shall pass appropriate order and communicate thesame to the petitioner. He shall complete this exercise within aperiod of one month from the date of receipt of the application fromthe petitioner.
Subject to the above directions, the writ petition is disposed of.
As a sequel, W.P.M.P.No.47971 of 2012 shall standdisposed of as infructuous.
28[th] December, 2012GHN
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(C.V.NAGARJUNA REDDY, J)