Disposed

Attlurimugappagari Ramamohan Reddy, S/o.a.Subba Reddy v. The Union of India

Telangana HC7 Apr 2014WP/5888/2014

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the inaction of the Passport Authority regarding a correction of the petitioner's date of birth. Directed the respondents to consider the pending application on merits, ignoring the two-year limitation, and pass orders within four weeks.

What did the court decide?

Respondents directed to pass orders on the application dated 26.10.2012 considering the Secondary School Leaving Certificate without regard to the two-year limitation and pass orders within four weeks

Attlurimugappagari Ramamohan Reddy, S/o.a.Subba… — Writ and Judicial Review | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.5888 of 2014

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Between:

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Attlurimugappagari Ramamohan Reddy, S/o. A. Subba Reddy, Aged about 28 years, Occ: Private Employee, R/o. D.No.1-58, Attluri Kottapalli, Annaluru, Mydukur Mandal, Kadapa, Y.S.R. District.

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.. Petitioner

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AND

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The Union of India, Rep. by its Principal Secretary, Ministry of External Affairs, New Delhi & another

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.5888 of 2014

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ORDER:

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The case of the petitioner is that he has applied for Passport in the year 2010 and accordingly, Passport bearing No.J0651086 was granted in August, 2010. In the Passport, against the date of birth column it was typed as 18.07.1968 instead of 18.07.1986. Having noticed that there was a typographical mistake, the petitioner has applied for correcting the date of birth and to re-issue the passport with correct date of birth vide application reference

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No.12-1002392980 and file No.A.36178010, dated 26.10.2012, but so far, no orders are passed. In support of his application for correction of date of birth, the petitioner has enclosed the certificate issued by the Board of Secondary Education, which discloses the date of birth of the petitioner as 18.07.1986.

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2. Learned counsel for the petitioner submits that the petitioner has appeared the 10^th class examinations held in March 2001 by which time he has completed 14 years and, therefore, he was eligible to write 10^th class examination. Thus, due to typing mistake, wrong entry was made and the request made by the petitioner for correction of date of birth is not carried out till date.

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3. On instructions, learned Standing Counsel submits that in view of the orders in Circular bearing No.VI/401/2/5/01, dated 29.10.2007, an application submitted beyond the period of two years for correction of date of birth was not maintainable.

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4. The said contention was considered in W.P.No.2718 of 2012. In order, dated 31.08.2012, this Court held that merely because of an application is not filed within two years, the claim of the petitioner for correction of date of birth could not have been rejected. Consequently, direction was issued to consider the representation of the petitioner for correction of the date of birth. In this case also, the petitioner placed reliance on the date of birth recorded in the Secondary School Leaving Certificate which shows the date of birth of the petitioner as 18.07.1986.

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5. Having regard to the submissions made, the Writ Petition is disposed of directing the respondents to pass orders on the application, dated 26.10.2012, duly taking into consideration the entry made in the Secondary School Leaving Certificate showing the date of birth of the petitioner as 18.07.1986 without regard to the limitation of two years for submission of such application and consider the said application on merits and pass appropriate orders within a period of four (4) weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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______________________ JUSTICE P.NAVEEN RAO

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Date: 7^th April, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.5888 of 2014

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Date: 7^th April, 2014

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Attlurimugappagari Ramamohan Reddy, S/o.a.Subba Reddy v. The Union of India

Case brief

What is this about?

What did the court decide?

Attlurimugappagari Ramamohan Reddy, S/o.a.Subba Reddy v. The Union of India

Case brief

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What did the court decide?

What the court decided

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