Allowed

Mohammed Asif Khan, , Asif Khan, S/o. Habeeb Khan v. The Regional Passport Officer

Telangana HC28 Feb 2013WP/6004/2013

Case brief

AI extract

What is this about?

The Court held that no court order is needed for correcting a DOB in a passport if the initial entry relied on the applicant's documents. The Respondent is directed to accept and process the application within one month based on Ministry circular.

What did the court decide?

The Respondent is directed to receive the petitioner's application for DOB correction and complete the exercise within one month, subject to verification of initial documentation.

Mohammed Asif Khan, , Asif Khan… — Constitutional and Fundamental Rights | Telangana HC (2013)

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The Hon’ble Sri Justice C.V.Nagarjuna Reddy

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Writ Petition No.6004 of 2013

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Dated 28.02.2013

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Between:

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Mohammed Asif Khan And

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…Petitioner

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The Regional Passport Officer, Secunderabad

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…Respondent

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Counsel for the petitioner: Mr.Mohammed Zakir Hussain

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Counsel for the respondent: Mr.Ponnam Ashok Goud

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The Court made the following:

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Order:

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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 16.09.1993, his date of birth was wrongly shown as ‘22.08.1969’, whereas his correct date of birth as per the Birth, Transfer and Bonafide Certificates is ‘22-08-1976’. When the petitioner allegedly approached the respondent, the latter’s office refused to entertain the application by insisting that he shall obtain an order from the Court for entertaining such application.

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Clauses (a) and (d) of Circular No.VI/401/2/5/2001, dated 29-10-2007, issued by the Ministry of External Affairs, Government of India, inter alia provide as under:

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“(a) Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction; in all such cases the documents produced earlier as proof of date of birth/place of birth at the time of issue of passport may be perused (if not already destroyed) by PIA. In case, it is a clerical mistake either by the applicant or the PIA, date/place of birth correction may be allowed by

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issue of fresh passport booklet; in the former case, by charging fee for fresh passport and in the latter, ‘gratis’. There is no need for declaratory court order in such cases.

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(d) 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 procure an order from a First Class Judicial Magistrate, to effect the change as per Passport Manual, 2001 ( In some obtain states, this function is discharged by Civil Magistrates).”

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The 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 petitioner’s application made initially was accompanied by the Birth, Transfer and Bonafide Certificates of the petitioner, on which he is placing reliance, and that the entry in the passport was not made on the basis of any Certificate issued by another competent authority, he shall correct the date of birth entry. 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.

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Subject to the above directions, the Writ Petition is

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disposed of.

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As a sequel, WPMP.No.7471 of 2013, filed by the petitioner for interim relief, is disposed of as infructuous.

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_____________________ C.V.Nagarjuna Reddy, J

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Date: 28^th February, 2013 lur

Mohammed Asif Khan, , Asif Khan, S/o. Habeeb Khan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Mohammed Asif Khan, , Asif Khan, S/o. Habeeb Khan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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