The High Court · 2025

Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authority to consider the application submitted by the petitioner vide application No. HY107740468i925, dt, 14lo2l-2025 for making necessary corrections regarding date of birth as 30-1 '1 -1981 instead of 20-O2-1976 and issue passport to the petitioner in accordance with the Provisions of the lndian Passport Act, 1967 in terms of Ministry of External Affairs Office Memorandum No. Vl/40'l12 lSt2OOl Dt. 26-'1 1-2015. Counsel for the Petitioner : SRI M.SALEEM counserf ortheRespondents:?#;xilJir1"#aLJ^I*uMAR, The Court made the following: ORDER t" t I 1 THE HONOURABLE SRI JUSTTCE J. SREENTVAS RAO WRIT PETTTION No.5793 OF 2025 ORDER: This writ petition is hled questioning the action of the respondents in not considering the application No.HY10774O4681925, dated 14.02.2025 submitted by the petitioner for making necessary corrections regarding his date of birth as 30.11.1981 instead of 20.02.1976 and issuing passport to him in accordance with the provisions of the Indian Passport Act, 1967, as illegal. ..

2. Heard Sri M. Saleem, learned counsel for the petitioner and Smt. N.V.R. Rajyalakshmi, learned counsel representing the Deputy Solicitor General of India appearing on behalf of the respondents.

3. Facts giving rise to frling of this writ petition briefly stated are that the petitioner is holding passport bearing No.A3107147, dated 01.O5.1997 issued by the Regional Passport Officer, Hyderabad, and the same has expired on 3O.O4.2OO7. At the time of issuance of the said passport, the 2 of birth was wrongly petitioner was minor ald his date mentioned in ttre said passport as correct date of birth is 30. 11.19g1. Pursuant to issuance of the said passport, the petitioner has not travelled abroad at any point of time.

20.02.1976 though his

4. The petitioner further averred that on 22.05.2015, he approached respondent No.2 and submitted application along with Secondary School Certihcate bearing No. l5332e4 and Aadhar card requesting him to correct his date of birth and to rssue fresh passport. Respondent So.2 issued communication on 12.06.20L5 stating that in the previous passport issued in favour of the petitioner his date of birth was mentioned as 20.O2.1926, whereas he submitted application for issualce of passport with date of birth as 30. 1 1. 1981 and directed the petitioner to obtain a decree from the competent civil Court to that effect. Thereafter, the petitioner approached respbndent No.2 and submitted another application on I 1.05.201g requesting him to issue passport enclosing the date of birth certificate issued bv the ,} 3 Municipal Corporation, Warangal. Respondent No.2 issued letter on 10.08.2018 stating that they closed the said application. Thereafter, the petitioner again approached respondent No.2 and submitted another application No.1O76681628524 on 25.06.2024 requesting him to issue passport by enclosing all the requisite documents. However, respondent No.2 issued letter dated 06.08.2024, stating that the request of the petitioner cannot be considered on the ground that he has not submitted the application for correction of his date of birth within frve years from the date f of issuance of the initial passport.

5. The petitioner further averred that questioning the said action of respondent No.2, he filed W.P.No.24925 of 2024 before this Court seeking a direction to the respondents to consider his application in terms of the orders passed by this Court in W.P.No.19574 of 2023 and the said writ petition was dismissed. on 1O.O9.2O24 on the ground that the application of the petitioner dated 25.06.2024 has already been rejected even before frling of the said writ petition. However, the i petitioner is granted liberty to avail the remedy as available under lau' questioning the said rejection order. Thereafter, petitioner submitted another application No.HY10774O4681925 along with all the documents on

14.O2 .2025 before respondent No.2 requesting to issue passport with date of birth as 30.11.1981. In spite of the same, the respondents have not considered the same. Thus, the present writ petition is irled. i.

6. Learned counsel for the petitioner submits that at the time of issuance of the passport in the yearr,. 1997 , t|re petitioner rvas minor and his paternal uncle approached an agent for processing his passport application. Inadvertently, the agent mentioned his date of birth wrongly in the passport application as 20.O2.1976 instead of 30.11.1981. Basing on the said date of birth, respondent No.2 authority had issued the passport and the same has expired on 30.04.2007. Tlne petitioner after attaining the majority approached respondent No.2 and submitted an application for issuance of passport by changing the date of birth. However, respondent No.2 has l I 5 rejected the said application on the sole ground that the petitioner has approached them after expiry of five years. 7 . Learned counsel further submitted that as per the offrce memorandum dated 26.1 1.2015 issued by the Ministry of External Affairs, CPV Division, PV-I Section, respondent No.2 is entitled to consider the application submitted by the petitioner without imposing any penalty. Learned counsel further submitted that in similar circumstances, this Court has disposed of writ petitions, namely, W.P.No.2O7O7 of 2024, 19574 and 71232 of 2023 and 13636 of 2022 lirecting the respondents therein to consider the applications submitted by the petitioners therein seeking correction of date of birth and pass appropriate orders in accordance with law by ltxing time limit and therefore, the petitioner is also entitled to the very same relief.

8. Per contra, learned counsel appearing on behalf of respondent No.2 submits that pursuant to the application submitted by the petitioner on L4.O2.2O25, respondent No.2 offrce directed him to appear before respondent No.2 on \ 6

19.02.2025 along with all requisite original documents, but the petitioner, without approaching respondent No.2 office, straight a\r,ay approached this Court and Iiled the present writ petition. In the event, the petitioner approaches respondent No.2 office along with all original documents, respondent No.2 will consider the same in accordance with law.

9. The above said submissions of the learned counsel for the respondents are not disputed by the learned counsel for the petitioner t

10. Having considered the riva_l submissions made by respective parties and after perusal of the material on record, it reveals that initially respondent No.2 ofhce issued passport in favour of the petitioner on Ol.O5. 1997 on which date the petitioner was minor and the s€une has expired on 3O.O4.2O07. In the said passport, the date of birth of the petitioner was mentioned as 20.02.1976. Subsequent to expiry of the said passport and after attaining majority, the petitioner submitted application for issuance of fresh 7 passport after correcting the date of birth as 30.11.1981 basing on the Secondary School Certificate and also the date of birth certificate issued by the Municipai Corporation, Warangal as well as the Aadhar card. Initially, respondent No.2 rejected the said application on the ground that the petitioner has not approached him within a period of five years from the date of issuance of the original passport for correction of date of birth.

11. Record further revea-ls that subsequent to the rejection order, the petitioner submitted fresh application

14.02.2025 requesting respondent No.2 to issue passport by correcting his date of birth as 30. 11.1981 basing upon the Secondary School Certificate and t-he date of birth certificate issued by the competent authority. Pursualt to the said application, respondent No.2 directed the petitioner to appear before his ofhce at 11.3O a.m. on 19.02.2025 along with all original documents. However, the petitioner without approaching respondent No.2 has filed the present writ petltlon. 1 l I

12. Learned counsel for the petitioner by way of reply submitted that the petitioner will appear before respondent No.2 along uith a_11 original documents within a period of one week ald respondent No.2 may be directed to consider the application by hxing time limit.

13. Taking into consideration the submissions made by respective parties, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to appear.before respondent No.2 office within a period of one week from the date of receipt of a copy of this order along with a1l original documents pertaining to his date of birth as 30.11.19g1. On production of such documents, respondent No.2 is directed to consider the application of the petitioner d,ated 74.02.2025 and pass appropriate orders within a period of four weeks thereafter duly taking into consideration of{ice memora,dum dated 26.1 1.2015 issued by respondent No.l and also the orders passed by this Court in W.p.Nos.207 OZ of 2024, 19574 and 11232 of2023 and 13636 of2022. I / 9

14. With the above said directions, the writ petition 1S disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPY// sD/-K. ASSISTANT REGI AJI AR SECTION O FICER To, 1 The Secretary, Ministry of External Affairs Patiala House Government of lndia' Union of lndia, New Delhi.

2. The Regional Passport Oflicer, Hyderabad' D No'^8:2-215 TD' - iis.kJfirrrquoa, Secunderabad' Telangana - 500003' 3. One CC to SRI M.SALEEM, Advocate lOPUCl I " ;ffi E;,j; ioiin" s1rt" or iErans"nu at Hvdeiabad' [OPUC] 4.onecctoSRlGADIPRAVEENKUMAR,(DeputysolicitorGeneraloflndia)', \ 5 Two CD CoPies aBSK HIGH COURT DATED:0410312025 ORDER WP.No.5793 of 2025 CC TODAY 'l $e AT 1 tf, [f5 t|\ $ 1 ( q J c ).- ! '/4 t r) E ? It .)/ f DISPOSING OF THE WRIT PETITION WITHOUT COSTS d,{ bJL €