The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of respondents more particularly that of respondent no 2 for refusing to renew the passport of petitioner with identification no L7540803 on ground of difference in date of birth recorded as 03.07.1995 instead of 23.07.1995, further orally refusing to issue a fresh passport by recording the correct date of birth of petitioner as 23.07.1995 as being illegal, arbitrary, unconstitutional, against the letter and spirit of catena of Judgments rendered by this Honorable Court on various aspects relating to issuance of passports, correction of entries, renewal etc which, most recent of all in WP No 1797312024 dated 24.07.2024 apatl from being violative of Articles 20 and 2'l of the Constitution of lndia. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents 2 and 3 to consider and process the application of the petitioner vide ARN. 24-1015485287 for reissuance of passport for petitioner without reference to Office Memorandum MEA OM No.Vl/401 l2l5l20O1dated 26.11.2015 pending disposal of the case. Counsel for the Petitioner: Ms. B. HEMALATHA REPRESENTING FOR SRI IMMANENI RAMA RAO / Counsel for the Respondents: Ms. P. SUBHASHREE PRIYADARSHANI REP. FOR SRI M. VIJAY KUMAR (Sr SC FoR CENTRAL GOVT) The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.2879 OF 2025 ORDER: This writ petition is filed seeking the following relief: ' ...to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of respondents more particularly that of respondent No.2 for refusing to renew the passport of petitioner with identification No.L75408O3 on ground of difference in date of birth recorded as 03.07.1995 instead of 23.07.1995, further orally refusing to issue a fresh passport by recording the correct date of birth of petitioner as 23.07.1995 as being illegal, arbitrary, unconstitutional, against the letter and spirit of catena ofjudgments rendered by this Honourable Court on various aspects relating to issuance of passports, correction of entries, renewal etc. which, most recent of all in W.P.No.17973 of 2024 dated 24.07.2024 apart from being violative of Articles 20 and 21 of the Constitution of India ..."

2. Heard Ms. B.Hemalatha, learned counsel representing Mr.lmmaneni Rama Rao, learned counsel for the petitioner, and Ms.P.Subhashree Priyadarshani, learned counsel representing Mr. M.Vijay Kumar, learned Standing Counsel appearing for respondent Nos. 1 to 3

3. Learned counsel for the petitioner submitted that the parents of the petitioner obtained the passport of the petitioner on 26.02.2014, by that time the petitioner was minor, and the said passport is va-lid up lo 25.02.2024. In the said passport, the date of birth of the petitioner was wrongly mentioned as

03.07.1995, instead of 23.07.1995. After noticing the said mistake, the f,eTitioner approached respondent Nos.2 and 3 and I I 2 \ submitted representation requesting for correction of date of birth as 23.07.1995. However, the respondent authorities have not considered the same. She further submitted that in similar circumstances this Court disposed of W.p.No. 17923 of 2024 dated 24.07.2024 and the petitioner is entitled the very same relief.

4. Per contra, learned Standing Counsel submitted that initially the petitioner obtained passport on 03.07.2002 and subsequently the petitioner obtained another passport on 26.02.2014, as on that day the petitioner is major. The petitioner has not approached respondent authorities within the reasonable time and after lapse of more than ten year, she approached this Court seeking correction of date of birth.

5. This Court considered the rival submissions made by the respective parties and perused of the material available on record. The grievance of the petitioner is that as per the records her date of birth is 23.07.7995, however, in the passport, her date of birth was wrongly mentioned as 03.07.1995. 3

6. Taking into consideration the submissions of the respective counsel, this Court deems it appropriate to direct the petitioner to appear before respondent Nos.2 and 3 with all necessary documents for correction of date of birth and seek renewal of her passport. On production of necessary documents by the petitioner, respondent Nos.2 and 3 are directed to consider the representation of the petitioner, basing on the Secondary School Certificate, other certilicates issued by the competent authority and in terms of the circulars issued by the Government of India and judicial pronouncements on the subject matter, as early as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order. 7 . With the above directions, the writ petition is disposed of. No order as to costs. 'l to'',. Miscellaneous petitions, pending if any, shall stand closed. SD/- T' CHAND ASS RA SEKHAR REDDY ANT REGISTRAR //TRUE COPY// SECTION OFFICER \ tn" Secretary, The Union of lndia' The lMinistry of External Affairs' Gol' E Biock, Central secretariat, New Delhi' lndra . . , mO ;l'+ : lSff* 3- :"' ): ":,:l' 'R;9]';^'Aiid:tt1-9nice' D No 8-3-21 5 to 21e' 2 i i,; H" s io ;, r p, 3. rhe senior srp"rintihiEii -' "' to 219, Kummargudz Kummarguda, Secunderabad, 500 003 |elangana pi?'6tri.'J,i'"p-in ij @t I

4. One CC to SRI IMMANENI RAMA RAO, Advocate [OPUC] S. One CC to SRI M. VIJAY KUMAR (Sr SC FOR CENTRAL GOVT) IOPUC] 6. Two CD CoPies BN HIGH COURT DATED:1410212025 CC TODAY I t ORDER WP.No.2879 of 2025 tH E STAT 6 ) o I1 FiB 2025 o * c r') ,;-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS /)flV I t I