Disposed

Mohd Majid v. Union of India

Telangana HC3 Aug 2023WP/20288/2023

Case brief

AI extract

What is this about?

Petitioner filed writ petition for correction of date of birth, name, and father's name in passport. Court examined applicability of delay bars under various Office Memoranda and passed order directing Regional Passport Officer to consider request and make corrections within two weeks.

What did the court decide?

Regional Passport Officer directed to consider petitioner's request for passport corrections and issue passport accordingly within two weeks.

Mohd Majid Vs Union of India — Pension and Retirement Benefits | Telangana HC (2023)

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l32s2l

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 20288 OF 2023

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Between:

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Mohd Majid, Sio Mohd Majeed, Aged abaut 34^years, Occ. Pvt.^Service,R:/o H.No.17- 4-383, Mata ki Khidki, Yakutpura, Hyderabad, Telangana State.

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...PETITIONER

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AND

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'1 . Union of lndia, Ministry of External Affairs, Rep by its Secretary to povernment, New Delhi.

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The Regional Passport Officer, Hyderabad, Telangana State.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^{prayingthat In the} circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue a writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent^{No.2 not making corrections} over petitioners^passport bearing No.P7060755^{i.e., date of birthas 2310711989 in} place of 23106/1986, name as Mohd Majid in place of Mohammed Majid, father's name as Mohd Majid in^place of Mohammed^{Majid, father'snameas Mohd Majeed} in place of Mohammed Abdul Majeed as illegal,^{arbitrary,unjust, unconstitutional} and in violation of^principles of^{natural justice and consequentlydirectthe} Respondent No.2 to make^corrections over^{petitioner's passportbearing} No.P7060755 i.e., date of birth^as 2310711989^{in place of 23106/1986,name as} Mohd Majid in place of Mohammed Majid, father's^name as^{Mohd Majeedin place} of Mohammed Abdul lvlajeed^{and hand over the same to the Petitioner'}

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lA NO: 1 OF 2023

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Petition L.nd,ir loction 151 CPC praying that in tlre circr.r^.lstilnces stated in the affidavit filerl in st pporl of the petition, the High Courl may b,: pleased to direct the Respondent No 'o direct the Respondent No.2 to mek,,r corrections over petitioners passport t -.:rring No.P7060755 r.e., date of b rth as 2)10';11989 in place of 23106/1986, nante ar; l\4ohd tVajid in place of lVlohanrmed :rjid, father's name as Mohd lVlajeed in^p rr-e of Mohammed Abdul fVlajeed e nd han, over the same to the Petitioner, pendin I^(lisposal of the main Writ Petition

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Counsel for the Petit oner: SRI M.A.K.MUKHEED Counsel for the Resl orrdents: SRI GADI PRAVEEN KUMAR, f,,y. SiOLICITOR GENERAL OF INDIA The Court made the cllowing: ORDER

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THE HON'BLE^{MRS ]USTICE SUREPALLI NANDA}

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W .P. No.2028^8f2023

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ORDER:

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Heard the^{learned counsel for the petitioner and} the learned^{Counsel representingGadiPraveen Kumar'} Dy.Solicitor^{Generalof India, appearingon behalf of the} respondents.

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PERUSED^THERECORD.

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'2. The prayer as^{souglrtfor by the petitioner in the} present writ^{petitionreads as under:}

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"to issue an^{appropriatewrit, order or direction} especially^{one in the nature of Writ of Mandamus'} declaring^{the action of the 2nd respondentnot making} corrections over petitioner's passport bearing No.P7060755 i.€., date of^birth as 23.07.1989ⁱⁿ place of 23.06.1986,^{name as Mohd' Majidin placeof} Mohammed^{Majid,father'sname as Mohd Majeedin} place of Molrammed^{AbdulMajeed as illegal and} arbitrary^{and consequentlyto direct the Respondent} No.2 to^{make corrections orrer petitioner'spassport} bearing^{No.P7060755i'€',clate ofbirth as} 23.07.1989^{in place of 23'06'1986'name as Mohd}

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Irlajicl n place of Mohammed Majid, frlher,s narne as l'1ohd. l''la.jeed in place of Mohamme.J Abritrl prajeed and lt rndover the sanle to tite petit (_\ler E tss such othe r rr further orders as are c./eemec] fit arrrc prrlpqr

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It irs I re r specific case of U]e petitioner that t 1e petitioner herein is ff: holder of passport bearing Ir.|c.p7060755. In the said passp< rt, his date of birth is mentiored CS 23.06.1986 instead ol'2_) 07.1989, l"irst name rs mentic ned ;rs Mcham med instead of I lohd and also his father.s nar,, e is n _.ntioned as Mohammerd Al)dul Majeed instead of Mohcl. lvla_1e erj. In proof of the clr e(tt details pertaining to the p€ tit:ior er, the petition e r hrd fited a copy of Aadhar Carcl, FAhl ca1d, Birth Certificate, E JUcational certificates and Votur I. D^(::ar(i issued by the Eler:ti rn Commission of India. The s a me w as broug ht to the Notict rtf Respondent No.2 and on sev€lra occasions the petii:ione lerein requested Responden.. No.2 to correct the above m( nlioned mistakes, so that thc p,s1;1;6n,,. can join his job at abr :;rd, but the 2nd respondent n€rither cr)nsidering the requests tf the petitioner nor making correc:i(: ns in the petitioner,s pe;sport. Hence, the present writ petitilr. 4. The lea^,ned Standing Counsel appearing on behalf of Passport rtrthority ptaced the Written f n strur:tions

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before this^{Court issued by the Reg'onal Passport} Officer, Hyderabad,^{dated01.08.2023, in particular,} paragraph No.8 of the said^{written instructions reads as} under:

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"In accordance with^{guidelines containedin MEA OM} No.YU40l/2/5/2001,^{dated 22.09.2Ot6 in para'1(iv)} "The cases where the^{applicant comes toPIA for} change/correction^{with regard to DOB in the passport} after a^period of^{five years from the date of issue of} passport with alleged^{wrong DOB shall notbe} entertained/accepted^{bY the PIA."}

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Circutar Instructions,^{dated 26'11'2015issued by} the Joint Secretary^{(PSP&CPO)and the Chief Passport} Officer, the^{particular Ctause (ii) of thesaid} instructions reads^{as under:}

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"ii) If an applicant^{appliesfor the changeof} date of birth^{in the passportwithin a reasonable} period of time i.e.,^{within a span of five(5) years} from the date^{of issue of passport having the} alleged wrong^{date of birth, with the birth} certificate^{issued by the Registrarof Births &} Deaths stating^{that the date of birth recordedin} the passport^{was based on theentries} mentioned documents^{other than the Birth}

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C ert ifi rate, the request of such an apl)l :art

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ir re:;p' cr,ive of the difference in the darer; c,f b rth, n,:y be considered by the passport ir;suinr; Auth or tlr. However, bel"ore the i:;sua n :t: of passp( -l witir changed dete of birth, thc PassDc -t Authority shall also levy ;rpprolrr ater penalt) on the applicant for obtainin,S passl:)orl or pr rvious occasion by provioing !./r:)ng inforrnr tirtn ;unurO nn his/her date of birth.,,

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Circular. fnstructions, dated 22,Og.2Ot6is:;ued by the Joint ! e,:retary (psp) & clrief passport officer, tn particular t:lause 2(i) of the said instructionl; rr:ads as under:

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"Fol,o\ /ing judicial pronouncements made e fl 3r the issL e of the OM dated 26.11.2015 a.rd 13.1)7.2( 1rj, the following are the erdditior al guicleline ; For pIA on the above subject.

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(i) Tl- -.^pIA shall consider the explanaticr :)F each app icant seeking change in the DOB to f ir I the lenu n(lness of the claim even thoulh nr,tr: than firre years have elapsed after the issue of the passp trt.,'

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7' The reerned standing counsel submats r:hat the passport aut iority could be directed to cos,r,O". ,n"

I \

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case of the^{petitioner for carrying out the correctionsin} the^{passPortissued} by the authoritY^{bY fixing a} reasonable Period^as per the guidelines^issuedvide Office Memorandum No.VIl401/2l5l2OOL,^dated 22.O}.2OL6,^{in particular as per Clause 2(') of the said} Office Memorandum,^{dated 22'09 '2OL6'}

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Taking^{into consideration the above referred facts} and circumstances^{of the case and the submissions} made by both^{the tearned counselfor the petitionerand} learned counsel^{for the Respondents,respondentNo'2} isdirectedtoconsidertherequestofthepetitionerfor issuance of^{passport to the petitionerby making the} necessary corrections^{in petitioner's passport bearing} No.P7O6O755^{i.e. date of birth as 23'O7'L989in the} place of 23.06.1986,^{name as Mohd' Majid in the place} of Mohammed^{Majid, father'sname as Mohd' Majeed in} the^{place ofMohammedAbdul Majeed and pass} appropriate^{orders within a periodof two (02) weeks'} from the date^{of receipt of the copy of this order duly} communicating^{the decisionto the petitioner' The} petitioner is^{further directedto submit all the relevant}

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material d()cuments as called upon by ttre passport authority ar; per rules.

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//ith tire aforesaid observations, tris ,rA,r t Fetition is dispos:d ol llowever, in the circumstancej of trt, cese, therc shall b,: no trCer as to costs.

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Ivis(:el a reous petitions, if any, pendirlg sha I also stand

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closed

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S )/-I.V.S.PRASAD ASSI:]TANT REGISTRAR ,TRUE COPY// ,i SECTION OFFICER

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1 The Secrr:tary I I^,lovernment, Union of India, Ministry of :xterrral Affairs, New Delhr 2 The Regional F r-.sport Officer, Hyderabad, Telangirna State. 3 One CC to SRI V A.K.MUKHEED, Advocate IOPU(I 4 One CC to SRI 3,\Dl PRAVEEN KUI,IAR, Dy. SOL C|TO I 3E IERAL OF rNDtA [OPUq 5 Two CD Clop es PSK. GJP

HIGH COURT

DATED:03108,2023

ORDER

WP.No.20288 of 2023

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DISPOSING^{( IF:} THE WRIT PETITION WITHOUT CC STS.

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Mohd Majid v. Union of India

Case brief

What is this about?

What did the court decide?

Mohd Majid v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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