The Court directed the Regional Passport Officer to accept a fresh passport application for correcting the date of birth based on a Ministry of External Affairs circular. The Court set a one-month deadline for processing.
Direction to the Respondent to receive the fresh passport application and issue a new passport within one month.
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The Hon’ble Sri Justice C.V.Nagarjuna Reddy
Writ Petition No.3134 of 2013
Dated 04.02.2013
Between:
Dhandu Madhu Sudhan
…Petitioner
And
The Regional Passport Officer, Passport Office, Secunderabad,
…Respondent Counsel for the petitioner: Mr.Kirti Lakshman Rao
Counsel for the respondent: Mr.Ponnam Ashok Goud, Asst.Solicitor General
The Court made the following:
Order:
The grievance of the petitioner is that the respondent has not been receiving his application for issuance of a fresh passport with correct date of birth. According to the petitioner, in the passport issued on 27.03.2007, his date of birth was wrongly shown as 03.04.1985. When the petitioner allegedly approached the respondent, the latter’s office refused to entertain the application by insisting that the petitioner shall obtain an order from the Court for entertaining such application.
Clause (c) of Circular __/401/2/5/2001, dated 18-42001, issued by the Ministry of External Affairs, Government of India, inter alia provides as under:
“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.”
Respondent is, therefore, directed to receive the petitioner’s application and consider the same in the light of the above-mentioned circular. If the respondent is convinced that the entry of the petitioner’s date of birth in the existing passport is not supported by any Certificate issued by the competent authority, he shall consider the SSC Certificate of the petitioner, on which he is placing reliance,
and issue fresh passport with the date mentioned in the said Certificate as the petitioner’s date of birth. In a converse situation, the respondent shall pass appropriate order and communicate the same to the petitioner. He shall complete this exercise within a period of one month from the date of receipt of the application from the petitioner.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.3859 of 2013, filed by the petitioner for interim relief, is disposed of as infructuous.
_____________________ C.V.Nagarjuna Reddy, J
Date: 4th February, 2013 lur
1 issue framed by the court
Whether the Respondent is legally obligated to receive a fresh passport application correcting a wrong date of birth despite claims of conflicting documents.
1 provisions across 1 enactments
Dhandu Madhu Sudhan
The Regional Passport Officer, Passport Office, Secunderabad
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
