Disposed

Mohd. Samiuddin v. The Regional Passport Officer

Telangana HC13 Feb 2013WP/4267/2013

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to correct the petitioner's date of birth in a passport. The High Court held that under Circular Instructions dated 29.10.2007, the respondent has discretion to allow the correction given the delay was within two years and it is supported by a Secondary School Certificate. The petition was disposed of directing the respondent to consider the correction.

What did the court decide?

The petition was disposed of directing the respondent to consider the petitioner's request for correction of his date of birth within six weeks.

Mohd. Samiuddin Vs The Regional Passport Officer — Writ and Judicial Review | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD

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WEDNESDAY, THE THIRTEEN (13^TH ) DAY OF FEBRUARY, TWO THOUSAND AND THIRTEEN

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Present:

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HON’BLE SRI JUSTICE SANJAY KUMAR

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Writ Petition No.4267 of 2013

Between:

Mohd. Samiuddin.

Petitioner

And:

The Regional Passport Officer, Passport Office, Hyderabad.

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… Respondent

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HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.4267 of 2013

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ORDER:

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The petitioner is aggrieved by the action of the Regional Passport Officer, Hyderabad, the respondent herein, in not considering his request to correct his date of birth in his passport.

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2. The petitioner was issued a passport on 21.12.1991, wherein his date of birth was shown as 05.04.1981. According to the petitioner, his correct date of birth is 05.04.1982. The said date of birth is reflected in his Secondary School Certificate issued by the Board of Secondary Education, Andhra Pradesh. It appears that the petitioner applied to the respondent for issuance of a fresh passport and was informed that his date of birth would not be corrected in view of the entry made in the earlier passport. Hence, he filed this writ petition.

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3. The Ministry of External Affairs, Government of India, issued

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Circular Instructions dated 29.10.2007 with regard to correction of entries in the passport as to date of birth/place of birth. In the present case, the petitioner had not completed his schooling by the time he obtained his earlier passport. It is not clear how and on what basis, his date of birth was recorded in the said passport. However, as the petitioner is in a position to produce his Secondary School Certificate, which is an accepted proof of the date of birth, and as he is seeking alteration of his date of birth within two years, clause (c) of the Circular Instructions dated 29.10.2007 would vest the respondent with a discretion to consider the petitioner’s request for correction of his date of birth. Clause (c) reads as under:

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“Where files have already been destroyed, PIAs could use their discretion in correction of date of birth without a Court Order, where such correction is only in months (not more than two years) and applicants provide satisfactory explanation that the same document(s) was provided at the time of initial passport application. Fresh fees will be charged.”

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4. The writ petition is accordingly disposed of directing the respondent herein to consider the petitioner’s request for correction of his date of birth in the fresh passport to be issued to him, in terms of clause (c) and upon considering the Secondary School Certificate produced by him as proof of his date of birth. This exercise shall be completed expeditiously and in any event, not later than six weeks from the date of receipt of a copy of this order. W.P.M.P.No.5333 of 2013 does not survive for consideration in the light of this final order and is accordingly closed. No costs.

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________________ SANJAY KUMAR, J

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Date: 13.02.2013 bsb/ssp

Mohd. Samiuddin v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Mohd. Samiuddin v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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