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2004 DIGILAW 747 (AP)

Asra Begum v. Regional Passport Officer, Secunderabad

2004-07-28

V.V.S.RAO

body2004
V. V. S. RAO, J. ( 1 ) THIS writ petition is filed seeking a declaration that the action of the Passport Issuing Authority, respondent herein, in insisting the petitioner to get declaratory order for correction of date of birth as illegal and arbitrary. The petitioner also seeks a direction to the respondent to reconsider the case of petitioner in terms of Circular dated 18-4-2001 issued by government of India, Ministry of External affairs. ( 2 ) IT is the case of the petitioner that she was born on 17-11-1979. In 1997, she applied for passport and in the application for passport inadvertently she mentioned the date of birth as 17-11-1972. Accordingly, passport bearing No. A 3139759 was issued on 26-6-1997 showing her date of birth as 17-11-1972. She approached the respondent with a request to change the date of birth. The respondent by communication dated 15-6-2004 informed the petitioner to furnish declaratory order from Court for correction of date of birth. Hence, the present writ petition. ( 3 ) HEARD the learned Counsel for the petitioner and the learned Standing Counsel for the Central Government. ( 4 ) IN Ali Imran v. Regional Passport officer, Secunderabad, 2003 (3) ALD 625 , I have considered the Circular dated 18-4-2001 issued by the Government of india in the Ministry of External Affairs pursuant to the judgment of the High court of Judicature at Bombay in Civil Writ petition No. 1072 of 2000. The instructions/ clarifications issued in the said Circular read as under: (A) Where an applicant is seeking rectification/correction of a mistake in the entry on date of birth/place of birth in the passport, PIA (Passport Issuing authority) may after verifying/satisfying himself, affect 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 a date of birth along with place of birth as valid were to issue any correction or amendment, PIA may effect the necessary amendment in the passport without insisting on a Court order. As per the provisions of section 21 of the General Clauses act, 1997, a competent authority issuing a certificate could also make necessary amendments to the same. As per the provisions of section 21 of the General Clauses act, 1997, a competent authority issuing a certificate could also make necessary amendments to the same. (C) Where the initial entry has been made on the basis of a supportive document issued by one competent authority i. e. , school/educational authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i. e. , municipal authorities resulting in conflicting sources of valid proof, the pia should direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date of birth/place of birth. ( 5 ) IN view of the above clarifications, i disposed of the said case observing as under: be it noted that under the provisions of the passports Act, 1967, no power is vested in the Regional Passport Officer to correct entries in the passport. However, pursuant to the judgment of the High Court of bombay referred to hereinabove, it is now permissible for the Regional Passport officer to accept applications for rectification/ correction. Nonetheless, as per clause (c) above, if an entry had been made on the basis of a supportive document issued by one authority i. e. , school or educational authority and subsequently the applicant requests for a change of entry on the basis of the certificate issued by another authority the passport issuing authority is required to direct the applicant to obtain a proper declaration from the Civil Court. ( 6 ) IN this case, the petitioner has produced Secondary School Certificate to prove that here correct date of birth is 17-11-1979. Therefore, the claim of the petitioner is well supported and squarely falls in Clause (a) of the Circular dated 18-4-2001. ( 7 ) FOLLOWING the judgment of this court in Ali Imran (supra), this writ petition is also disposed of directing the respondent to consider the application of the petitioner along with the Secondary School Certificate no. L 0294320 dated 8-6-1995 issued by the secretary, Board of Secondary Education, andhra Pradesh, and to pass appropriate orders in the light of the observations made in the above judgment. There shall be no order as to costs.