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Mohammed Khaleel Hussain, v. The Regional Passport Officer

Telangana HC4 Aug 2004WP/13647/2004

Case brief

AI extract

What is this about?

This writ petition sought a direction to the Regional Passport Officer to correct the petitioner's date of birth in his passport based on a secondary school certificate. The court, relying on Ali Imran, directed the respondent to consider the correction application and pass appropriate orders.

What did the court decide?

The petitioner directed to approach the first respondent with the Secondary School Certificate and the respondent to pass appropriate orders to consider the correction application.

Mohammed Khaleel Hussain, Vs The Regional… — Pension and Retirement Benefits | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOUR

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PRESENT

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THE HON'BLE MR JUSTICE V.V.S.RAO

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WRIT PETITION NO : 13647 of 2004

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Between:

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Mohammed Khaleel Hussain, S/o Mohammed Khaja Hussain, R/o H.No. 13-1-1233/115/A, Natrajnagar, Tappa Chabutra,

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P.O. Kulsumpura, Hyderabad.

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..... PETITIONER

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AND

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1 The Regional Passport Officer, Secunderabad.

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2 The Secretary, Ministry of External Affairs, Central Secretariat,

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New Delhi.

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.....RESPONDENTS

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction or a writ particularly one in the nature of writ of mandamus directing the respondents herein to correct the date of Birth of the petitioner in Passport bearing No. E-04308140 as 12-8-1976 instead of 12-8-1971 by issuing a fresh copy of the Passport on payment of required necessary Fees as per Law.

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Counsel for the Petitioner:MR.ALI FAROOQUE

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Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (SC FOR CG)

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The Court at the admissions stage made the following :

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ORDER:

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This writ petition is filed seeking a direction to respondents to correct the date of birth of petitioner in Passport bearing No.E-4308140 as 12.8.1976 instead of 12.8.1971.

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It is the case of the petitioner that he was born on 12.8.1976. In 1992, he applied for passport and in the application for passport inadvertently he mentioned the date of birth as 12.8.1971. Accordingly, passport bearing No.N-093682 was issued on 7.1.1993 showing his date of birth as 12.8.1971. The petitioner approached the first respondent for renewal of the passport and for correction of date of birth. The first respondent though renewed and issued passport bearing No.E-4308140 on 8.1.2004, refused to correct the date of birth of petitioner in the passport. Hence, the present Writ Petition.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the Central Government.

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In Ali Imran v. Regional Passport Officer, Secunderabad, 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.

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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.

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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.

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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.

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In view of the above clarifications, I disposed of the said case observing as under.

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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 the 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.

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In this case, the petitioner has produced Secondary School Certificate to prove that his correct date of birth is 12.8.1976. Therefore, the claim of the petitioner is well supported and squarely falls in Clause (a) of the Circular dated 18-4-2001.

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Following the judgment of this Court in Ali Imran (supra), this writ petition is also disposed of directing the first respondent to consider the application of the petitioner along with the Secondary School Certificate No.PC/01/0001628/2, dt.30.10.1991 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.

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4.8.2004

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bnr

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ASSISTANT REGISTRAR

// TRUE COPY //

SECTION OFFICER

1 The Regional Passport Officer, Regional Passport Office,

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Near Clock Tower, Secunderabad. 2 The Secretary, Ministry of External Affairs, Central Secretariat,

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New Delhi.

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3 2 CD copies.

Mohammed Khaleel Hussain, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Mohammed Khaleel Hussain, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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