Telangana High Court
WP/21190/2006 of Syed Mansoor Ali Vs The Regional Pass Port Officer, on 28 December 2006
Ms. JUSTICE G.ROHINI WRIT PETITION NO: 21190 of 2006 Dated: 28-12-2006 Between: Syed Mansoor ..... PETITIONER AND The Regional Passport Officer, Passport Office, Hyderabad. .....RESPONDENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO: 21190 of 2006 O R D E R: The petitioner herein was
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THE HON'BLE Ms. JUSTICE G.ROHINI
WRIT PETITION NO: 21190 of 2006
Dated: 28-12-2006
Between:Syed Mansoor..... PETITIONERANDThe Regional Passport Officer,Passport Office, Hyderabad......RESPONDENT
THE HON'BLE Ms. JUSTICE G.ROHINI
WRIT PETITION NO: 21190 of 2006
The petitioner herein was issued a passport bearing No.V –118785, dated 18-11-1995. It is stated that by oversight the date of birth of thepetitioner was recorded wrongly in the passport as 20-02-1974, whereas thepetitioner was actually born on 20-02-1979. The petitioner made a representation requesting the respondent tocorrect the date of birth in his passport. Alleging that the respondent has notentertained the representation, the present writ petition is filed.
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 a mistake in the entry of dateof birth/place of birth in the passport, PIA (Passport Issuing Authority) may afterverifying/satisfying himself, after the correction treating the same as a technicalcorrection. There is no need for a declaratory order in such cases.of birth/place of birth in the passport, PIA (Passport Issuing Authority) may afterverifying/satisfying himself, after the correction treating the same as a technicalcorrection. There is no need for a declaratory order in such cases.
b. Where a competent authority issuing a birth certificate or an educational boardregistering a date of birth along with place of birth as valid were to issue any correctionor amendment, 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.registering a date of birth along with place of birth as valid were to issue any correctionor amendment, 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 byone competent authority and the applicant subsequently requests for a change on thebasis of a certificate issued by another competent authority i.e., municipal authoritiesresulting in conflicting sources of valid proof, the PIA should direct the applicant toobtain a civil order from a competent Court of jurisdiction, certifying the valid date ofbirth/place of birth.”one competent authority and the applicant subsequently requests for a change on thebasis of a certificate issued by another competent authority i.e., municipal authoritiesresulting in conflicting sources of valid proof, the PIA should direct the applicant toobtain 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. RegionalPassport Officer, Secunderabad held that as per the circular dated 18.04.2001, itis permissible to accept the applications for rectification/correction of the entries inthe passport.
The learned counsel for the petitioner submits that the correction of date ofbirth of the petitioner in the passport was only a technical correction, and therefore, itfalls under clause (a) of the circular. In support of his submission the learnedcounsel relied upon the decision in Asra Begum v. Regional Passport Officer,Secunderabad .
Conclusion
Having regard to the facts and circumstances of the case and following thedecision of this Court in Ali Imran’s case (1 supra), the writ petition is disposed ofgranting liberty to the petitioner to make a fresh application with relevant material tosubstantiate his plea, within a period of two weeks from the date of receipt of a copyof this order, and if any such application is made, the respondents are directed toreceive and consider the same in accordance with the circular dated 18.04.2001 andpass appropriate orders in accordance with law and communicate the same to thepetitioner within a period of four weeks thereafter.
The writ petition is accordingly, disposed of. No costs.
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Dated: 28-12-2006
KLP